HomeMy WebLinkAboutItem 6.2 DA Greenbriar HomesCITY CLERK FILE # 0600-60
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 19, 2000
SUBJECT:
ATTACHMENTS:
PUBLIC HEARING: PA 98-062 Greenbriar Homes Communities, Inc. -
Development Agreement
(Report prepared by: Dennis Carrington, Senior Planner/Zoning Administrator)
1 ) Ordinance Approving Development Agreement
2) Development Agreement
3) Letter from Zone 7 dated December 12, 1988
RECOMMENDATION: 1 )
4)
5)
Open Public hearing
Receive staff presentation and public testimony
Close public hearing
Deliberate
Waive reading and introduce Ordinance (Attachment 1 ) approving
Development Agreement (Attachment 2)
FINANCIAL STATEMENT:
Approval of this project would provide for the construction of public
improvements and payment of certain City required impact fees.
ANALYSIS:
Background:
The City Council approved an annexation of the subject property to the City of Dublin on September 28, 1995.
The Dublin General Plan and the Eastern Dublin Specific Plan, as amended by this project on March 7, 2000,
designate the property as Medium Density Residential and Open Space. On March 21, 2000, the City Council
approved a Planned Development Rezone for the Greenbriar single family residential project. On August 22,
2000, the Planning Commission recommended that the City Council adopt the Development Agreement for this
project.
COPIES TO: Greenbriar Homes Communities, Inc. Owner
PA File 98-062
ITEM NO.
ANALYSIS:
Procedural Background.'
One of the implementing actions of the Eastern Dublin Specific Plan calls for the City to enter into
Development Agreements with developers in the plan area. The Development Agreement provides security to
the developer that the City will not change its zoning and other laws applicable to the project for a specified
period of time. Additionally, it is a mechanism for the City to obtain commitments from the developer that the
City might not otherwise be able to obtain. The Development Agreement is one means the City has to assure
that the Specific Plan goal that new development fund the costs of infrastructure and service is met.
Attached to this Staff Report is a Development Agreement (Attachment 2) between the City of Dublin and
Greenbriar Homes Communities, Inc. This Development Agreement is based on the standard Development
Agreement developed by the City Attorney and adopted by the City Council for Eastern Dublin Projects. In
general, Development Agreements reflect what has been determined to be the infrastructure needs for the
specific project that were not addressed in the Tentative Map, Planned Development Rezone and Site
Development Review. These needs are determined based on submittal of engineering studies and plans.
City procedure requires that a public hearing before the Planning Commission and two public hearings before
the City Council on Development Agreements. The purpose for this hearing before the City Council is to
introduce the Ordinance approving the Development Agreement.
The Agreement:
The City Attomey drafted the proposed Development Agreement with input from City staff, Greenbriar Homes
Communities, Inc, and their attorneys. The Development Agreement sets forth the agreements between the
parties in relation to many items, including, but not limited to, infrastructure construction and phasing, parkland
dedication and the payment of various required impact fees.
The Development Agreement becomes effective for a term of five years from the date it is signed by the City.
The Development Agreement runs with the land and the rights thereunder can be assigned. The main points of
the Development Agreement can be found in Exhibit B of the Development Agreement and are highlighted
below:
Traffic Impact Fees:
The City requires that Developers in Eastem Dublin pay traffic impact fees for certain citywide improvements
to the circulation system. Additionally, fees are charged for certain circulation improvements specific to
Eastern Dublin. Developers are also required to make certain improvements to the circulation system, which
are required as a result of their project.
Other Fees:
The Development Agreement addresses the Noise Mitigation Fee, Fire Impact Fees, the Tri-Valley
Transportation Development Impact Fee, and Reimbursement for Annexation Area Public Service Costs.
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Other Miscellaneous Issues.'
Other miscellaneous issues addressed by the Development Agreement include landscaping maintenance along
Tassajara Road, landscaping maintenance along streets, the Regional Trail and Tassajara Creek.
Zone 7 letter.'
A letter from Zone 7 dated December 29, 1998 has been included in this report at the request of the Applicant
because it is referred to in the Development Agreement.
Conclusion:
The Development Agreement furthers the goals of the General Plan and Eastern Dublin Specific Plan by
requiring new development to fund the costs of its infrastructure and service. The City of Dublin and
Greenbriar Homes Communities Inc. have agreed on the sequencing of infrastructure construction, the payment
of impact fees as well as other items required by the Eastern Dublin Specific Plan.
RECOMMENDATION:
Staff recommends that the City Council, deliberate, waive reading, introduce the Ordinance approving the
Development Agreement, and continue the public hearing to October 3, .2000 (Attachment 1 ).
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ORDINANCE NO. - 00
AN ORDINANCE OF THE CITY OF DUBLIN
APPROVING THE DEVELOPMENT AGREEMENT
FOR PA 98-062, GREENBRIAR HOMES COMMUNITIES INC.
TASSAJARA CREEK PROJECT
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. RECITALS
A. The proposed Greenbriar Homes Communities Inc. project (PA 98-062) is
located within the boundaries of the Dublin General Plan in an area which is designated
on the General Plan Land Use Element Map as Medium Density Residential and Open
Space.
B. A Mitigated Negative Declaration was prepared for the Greenbriar Homes
Communities Inc. project and certified by the City Council on March 7, 2000.
C. Greenbriar Homes Communities Inc. has filed an application requesting
approval of a development agreement for the Greenbriar Homes Communities Inc.
Project.
D. A Development Agreement between the City of Dublin and Greenbriar
Homes Communities, Inc. for Phase 1 (Lots 1 - 126) of the Greenbriar Homes
Communities Inc. Tassajara Creek Project. has been presented to the City Council, a copy
of which is attached hereto as Attachment 1.
E. A public hearing on the proposed Development Agreement was held
before the Planning commission on August 22, 2000, 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, which recommendation includes
the Planning Commission' s determinations with respect to the matters set forth in Section
8.56.080 of the Dublin Municipal Code.
G. Public hearings on the proposed Development Agreement were held
before the City Council on September 5, 2000, and September 19, 2000, for which public
notice was given as provided by law.
H. At that public hearing on September 5, 2000, the City Council waived
reading and introduced the Ordinance approving the Greenbriar Development Agreement.
ATTACHMEt;
I. At that public hearing on September 19, 2000, the City Council waived
reading and adopted the Ordinance approving the Greenbriar Development Agreement.
J. The City Council has considered the recommendation of the Planning
Commission (Planning Commission Resolution 00-54), 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.
K. The Eastern Dublin Specific Plan was adopted in 1994 and has a certified
Program EIR (SCH No. 91-103064). This Project is located within the boundaries of the
Eastern Dublin Specific Plan area and is considered one in a series of actions covered by
the Program EIR. It is within the scope of the Program EIR; the Program EIR &
Addendum adequately describe the impacts of the project, and there have been no
substantial changes or new information which would necessitate supplementing the
Program EIR pursuant to Public Resources Code section 21166 and CEQA guidelines
Section 15162.
L. A Mitigated Negative Declaration (SCH No. 99-102104) and Initial Study
were prepared to evaluate site-specific impacts of the project (to a greater level of detail
than in the Program EIR) pursuant to CEQA guidelines Section 15168. The discussion in
the Initial Study explains that the Mitigation Measures previously adopted for the
Program EIR and addenda continue to apply to this project, and together with the
Mitigation Measures of the Mitigated Negative Declaration relating to the California
Red-legged Frog reduce the potential site-specific impacts of the project to a level of less
than significant. In addition to the above-mentioned Mitigation Measures, standard city
requirements, improvements, and design aspects of the proposed project have been
incorporated in the proposal that collectively reduce the potential impacts to a less-than
significant level. The Initial Study has resulted in the conclusion that the proposed
project will not create any new significant impacts that were not already covered by the
EIR and the Mitigated Negative Declaration.
Section 2. FINDINGS AND DETERMINATIONS
Therefore, on the basis of (a) the foregoing Recitals which are incorporated
herein, (b) the City of Dublin's General Plan, (c) Eastern Dublin Specific Plan, (d) the
EIR, (e) 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 and
the Eastern Dublin Specific Plan, as amended by the Greenbriar General Plan
Amendment and Specific Plan Amendment in that (a) the General Plan and Eastern
Dublin Specific Plan land use designations for the site are Medium Density Residential
and Open Space and the proposed project is a single family dwelling project consistent
with those land use designations and (b) the project is consistent with the fiscal policies
of the General Plan with respect to provision of infrastructure and public services.
2. The Development Agreement is compatible with the uses authorized in,
and the regulations prescribed for, the zoning districts in which the real property is
located in that the project approvals include a Planned Development Rezoning adopted
specifically for the Greenbriar Homes Communities Inc. project.
3. The Development Agreement is in conformity with public convenience,
general welfare and good land use policies in that the Greenbriar Homes Communities
Inc. project wilt implement land use guidelines set forth in the General Plan and Eastern
Dublin Specific Plan which have planned for residential uses and a small commercial
area at this location.
4. The Development Agreement will not adversely affect the orderly
development of property or the preservation of property values because the project is
consistent with the General Plan and the Eastern Dublin Specific Plan.
5. ' The Development Agreement will not adversely affect the orderly
development of property or the preservation of property values because the project is
consistent with the General Plan and the Eastern Dublin Specific Plan.
Section 3. APPROVAL
The City Council hereby approves the Development Agreement (Attachment 1 )
and authorizes the Mayor to sign it.
Section 4. RECORDATION
Within ten (10) days after the Development Agreement is executed by the Mayor,
the City Clerk shall submit the Agreement to the County Recorder for recordation.
Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days from and after the
date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
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PASSED AND ADOPTED BY the City Council of the City of Dublin, on this
3rd day of October, 2000, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MAYOR
CITY CLERK
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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
GREENBRIAR HOMES COMMUNITIES, LLC.
FOR TRACT 7075
TASSAJARA CRE EK'PROJ ECT
(Phase 1 -Lots 1 to 126)
ATTACHMENT
THIS DEVELOPMENT AGREEMENT is made and entered in the City of
Dublin on this __ day of. ,2000, by and between the CITY OF DUBLIN, a
Municipal Corporation (hereafter "City"), and Greenbriar Homes Communities,
LLC. a Delaware Limited Liability Company (hereafter collectively "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. The City Council adopted the Eastern Dublin Specific Plan by
Resolution No. 53-93 which Plan is applicable to the Property; 'and
C. The Eastern Dublin Specific Plan requires DEVELOPER to enter
into a development agreement; and
D. DEVELOPER desires to develop and holds legal interest in
approximately 52.95 acres of that certain real property consisting of
approximately 64.39 acres of land, located in the City of Dublin, County of
Alameda, State of California owned by the Marjorie R. Koller 1993 Living Trust
and Carolyn A. Adams. Developer has received the following land use approvals:
General Plan and Eastern Dublin Specific Plan amendment (Council Resolution
No. 32-00) (applicable to all 64.39 acres); PD District Rezone and Stage 1
Development Plan (Council Ordinance No. 7-00) (applicable to all 64.39 acres);
PD District Rezone and Stage 2 Development Plan (Council Ordinance No. 7-00)
(applicable to 52.95 acres); and Vesting Tentative Map ("VTM" Planning
Commission Resolution No. 00-10) (applicable to 64.39 acres, creating 131 lots
and Parcels A through F). Developer has received more specific approvals for a
23.79 acre portion of the 52.95 acres (Lots 1-126 on the VTM and Parcels A, C,
G and H), which 23.79 acres are more particularly described in Exhibit A
attached hereto and incorporated herein by this reference, and which real
property is hereafter called the "Property"; and
E. DEVELOPER proposes the development of the Property with 78
single family cluster homes and 48 traditional homes for a total of 126 homes
(the "Project"); and
F. DEVELOPER has applied for, and CITY has approved or is
processing, various land use approvals in connection with the development of the
Project, including an amendment to the General Plan and Eastern Dublin
Specific Plan (City Council Resolution No.32-00), PD District rezoning (City
DubliniGreenbriar Development Agreement
for Tassajara Creek Project
Page 2 of 16
August 18, 2000
Council Ordinance No. 7-00), vesting tentative map (Planning Commission
Resolution No. 00-10), and site development review (Planning Commission
Resolution No. 00-10) (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
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
Development Agreement is consistent with its General Plan and the Eastern
Dublin Specific Plan and has been reviewed and evaluated in accordance with
Chapter 8.56; and
J. CITY and DEVELOPER have reached agreement and desire to
express herein a Development Agreement that' will facilitate development of the
Project subject to conditions set forth herein; and
K. CITY and DEVELOPER will enter into a similar development
agreement consistent with this agreement for the balance of DEVELOPER's
52.95 acres following approval of a Stage 2 Development Plan for such land and
approval of further tentative maps; and
L. Pursuant to the California Environmental Quality Act (CEQA) the
City Council adopted Resolution No. 31-00 finding that the Project is within the
scope of the Final Environmental Impact Report for the Eastern Dublin General
Plan Amendment and Specific Plan (SCH 91103064) which was certified by the
Council by Resolution No. 51-9'3 and the Addenda dated May 4, 1993 and
August 22, 1994 (the "EIR") and the Mitigated Negative Declaration for PA 98-
062 Greenbriar Land Company Tassajara Creek Residential Project (SCH
99102104) and adopted a Mitigated Negative Declaration for the Project and filed
a Notice of Determination on March 23, 2000; and
M. On ,2000, the City Council of the City of Dublin adopted
Ordinance No. __- approving this Development Agreement. The ordinance took
effect on __, 2000.
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:
Dublin/Greenbriar Development Agreement
for Tassajara Creek Project
Page 3 of 16
August 18, 2000
AGREEMENT
1. Description of Property.
The Property which is the subject of this Development Agreement is
described in Exhibit A attached hereto ("Property").
2. Interest of Developer.
The DEVELOPER has a legal or equitable interest in the Property in that it
is under contract to purchase the Property in fee simple.
3. Relationship of City and Developer.
It is understood that this Agreement is a contract that has been negotiated
and voluntarily entered into by CITY and DEVELOPER and that the
DEVELOPER is not an agent of CITY. The CITY and DEVELOPER hereby
renounce the existence of any form of joint venture or partnership between them,
and agree that nothing contained herein or in any document executed in
connection herewith shall be construed as making the CITY and DEVELOPER
joint venturers or partners.
4. Effective Date and Term.
4.1 Effective Date. The effective date of this Agreement shall be the
date upon which this Agreement is signed by City.
4.2 Term. The term of this Development Agreement shall commence
on the effective date and extend five (5) years thereafter, unless said term is
otherwise terminated or modified by circumstances set forth in this Agreement.
5. Use of the Property.
5.1 Right to Develop. Developer shall have the vested right to develop
the Project on the Property in accordance with the terms and conditions of this
Agreement, the Project Approvals (as and when issued), and any amendments
to any of them as shall, from time to time, be approved pursuant to this
Agreement.
5.2 Permitted Uses. The permitted uses of the Property, the density
and intensity of use, the maximum height, bulk and size of proposed buildings,
provisions for reservation or dedication of land for public purposes and location
and maintenance of on-site and off-site improvements, location of public utilities
(operated by CITY) and other terms and conditions 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.
Dublin/Greenbriar Development Agreement
for Tassajara Creek Project
Page 4 of 16
August 18, 2000
5.3 Additional Conditions. Provisions for the following ("Additional
Conditions") are set forth in Exhibit B attached hereto and incorporated herein by
reference.
5.3.1 Subsequent Discretionary Approvals. Conditions, terms,
restrictions, and requirements for subsequent discretionary actions.
(These conditions do not affect Developer's responsibility to obtain all
other land use approvals required by the ordinances of the City of Dublin
other approvals from regulatory agencies.)
Not Applicable
5.3.2 Mitigation Conditions. Additional or modified conditions
agreed upon by the parties in'order to eliminate or mitigate adverse
environmental impacts of the Project or otherwise relating to development
of the Project.
See Exhibit B
5.3.3 Phasing, 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.
See Exhibit B
5.3.4 Financinq Plan. Financial plans which identify necessary
capital improvements such as streets and utilities and sources of funding.
See Exhibit B
5.3.5 Fees, Dedications. Terms relating to payment of fees or
dedication of property.
See Exhibit B
5.3.6 Reimbursement. Terms relating to subsequent
reimbursement over time for financing of necessary public facilities.
See Exhibit B
5.3.7 Miscellaneous. Miscellaneous terms.
See Exhibit B
6. Applicable Rules, Reclulations 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 this Agreement.
Dublin/Greenbriar Development Agreement
for Tassajara Creek Project
Page 5 of 16
August 18, 2000
6.2 Rules re Design and Construction. 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 Project Approval. Ordinances,
resolutions, rules, regulations and official policies governing design, improvement
and construction standards and specifications applicable to public improvements
to be constructed by Developer shall be those in force and effect at the time of
the applicable permit approval.
6.3 Uniform Codes Applicable. Unless expressly provided in
Paragraph 5 of this Agreement, the Project shall be constructed in accordance
with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and
Fire Codes and Title 24 of the California Code of Regulations, relating to Building
Standards, in effect at the time of approval of the appropriate building, grading, or
other construction permits for the Project.
7. Subsequently Enacted Rules and Regulations.
7.1 New Rules and Regulations. 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 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.
Dublin/Greenbriar Development Agreement
for Tassajara Creek Project
Page 6 of 16
August 18, 2000
8. Subsequently Enacted or Revised Fees, Assessments and Taxes.
8.1 Fees, Exactions. Dedications CITY and DEVELOPER agree that
the fees payable and exactions required in connection with the development of
the Project for purposes of mitigating environmental and other impacts of the
Project, providing infrastructure for the Project and complying with the Specific
Plan shall be those set forth in the Project Approvals and in this Agreement
(including Exhibit B). The CITY shall not impose or require payment of any other
fees, dedications of land, or construction of any public improvement or facilities,
shall not increase or accelerate existing fees, dedications of land or construction
of public improvements, in connection with any subsequent discretionary
approval for the Property, except as set forth in the Project Approvals and this
Agreement (including Exhibit B, subparagraph 5.3.5).
8.2 Revised Application Fees. Any existing application, processing and
inspection fees that are revised during the term of this Agreement shall apply to
the Project provided that (1) such fees have general applicability; (2) the
application of such fees to the Property is prospective; and (3) the application of
such fees would not prevent development in accordance with this Agreement.
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
XI!ID 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 Cancellation.
9.1 Modification Because of Conflict 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.
Dublin/Greenbriar Development Agreement
for Tassajara Creek Project
Page 7 of 16
August 18, 2000
Any such amendment or suspension of the Agreement shall be approved by the
City Council in accordance with Chapter 8.56.
9.2 Amendment by Mutual Consent. This Agreement may be amended
in 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
buildings; or (g) monetary contributions by DEVELOPER as provided in this
Agreement, shall not, except to the extent otherwise required by taw, require
notice or public hearing before either the Planning Commission or the City
Council before the parties may execute an amendment hereto. CITY's Public
Works Director shall determine whether a reservation or dedication is
"significant".
9.4 Amendment of Project Approvals. Any amendment of Project
Approvals relating to: (a) the permitted use of the Property; (b) provision for
reservation or dedication of land; (c) conditions, terms, restrictions or
requirements for subsequent discretionary actions; (d) the density or intensity of
use of the Project; (e) the maximum height or size of proposed buildings; (O
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 by Mutual Consent. 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 Project Approvals.
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 Exhibit B.
Dublin/Greenbriar Development Agreement
for Tassajara Creek Project
Page 8 of 16
August 18, 2000
11. Annual Review.
11.1 Review Date. The annual review date for this Agreement shall be
August 15, 2001 and each 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
Development Agreement. The burden of proof by substantial evidence of
compliance is upon the DEVELOPER.
11.3 Staff Reports. To the extent practical, CITY shall deposit in the
mail and fax to DEVELOPER a copy of all staff reports, and related exhibits
concerning contract performance at least five (5) days prior to any annual review.
11.4 Costs. 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 No Damages Against CITY. In no event shall damages be
awarded against CITY upon an event of default or upon termination of this
Agreement.
Dublin/Greenbriar Development Agreement
for Tassajara Creek Project
Page 9 of 16
August 18, 2000
13. Estoppel Certificate.
Either party may, at any time, and from time to time, request written notice
from the other party requesting such party to certify in writing that, (a) this
Agreement is in full force and effect and a binding obligation of the parties,
(b) this Agreement has not been amended or modified either orally or in writing,
or if so amended, identifying the amendments, and (c) to the knowledge of the
certifying party the requesting party is not in default in the performance of its
obligations under this Agreement, or if in default, to describe therein the nature
and amount of any such defaults. A party receiving a request hereunder shall
execute and return such certificate within thirty (30) days following the receipt
thereof, or such longer period as may reasonably be agreed to by the parties.
City Manager of City shall be authorized to execute any certificate requested by
DEVELOPER. Should the party receiving the request not execute and return
such certificate within the applicable period, this shall not be deemed to be a
default, provided that such party shall be deemed to have certified that the
.statements in clauses (a) through (c) of this section are true, and any party may
rely on such deemed certification.
14. Mortc]apee Protection; Certain Rights of Cure.
14.1 Mortclaqee Protection. This Agreement shall be superior and
senior to any lien placed upon the Property, or any portion thereof after the date
of recording this Agreement, including the lien for any deed of trust or mortgage
("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 Mortgaqee Not Obligated. 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 to construct any improvements thereon other than
those uses or improvements provided for or authorized by the Project Approvals
or by this Agreement.
14.3 Notice of Default to Mortclaclee and Extension of Right to Cure. If
CITY receives notice from a Mortgagee requesting a copy of any notice of default
Dublin/Greenbriar Development Agreement
for Tassajara Creek Project
Page 10 of 16
August 18, 2000
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. Severability.
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.
16. Attorneys' Fees and Costs.
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 attorneys' fees expended by CITY in
defense of any such action or other proceeding.
17. Transfers and Assignments.
17.1 Ric~ht to Assiqn. It is anticipated that DEVELOPER may sell,
transfer or assign 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, Transfer or Assi.clnment. 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
Dublin/Greenbriar Development Agreement
for Tassajara Creek Project
Page 11 of 16
August 18, 2000
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 been transferred and those which have been retained by
DEVELOPER) shall be recorded in the official records of Alameda County, in a
form acceptable to the City Manager, concurrently with such sale, transfer or
assignment.
· 17.3 Effect of Safe, Transfer or Assiqnment. DEVELOPERshall 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 byTransferee 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 of this Agreement.
17.4 Permitted Transfer, Purchase or Assiclnment. 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 Aclreement Upon Sale of Individual Lots to Public.
Notwithstanding any provisions of this Agreement to the contrary, the
burdens of this Agreement shall terminate as to any lot which has been finally
subdivided and individually (and not in "bulk") leased (for a period of longer than
one year) or sold to the purchaser or user thereof and thereupon and without the
execution or recordation of any further document or instrument such lot shall be
released from and no longer be subject to or burdened by the provisions of this
Agreement; provided, however, that the benefits of this Agreement shall continue
to run as to any such lot until a building is constructed on such lot, or until the
termination of this Agreement, if earlier, at which time this Agreement shall
terminate as to such lot.
18.
Agreement Runs with the Land.
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
Dublin/Greenbriar Development Agreement
for Tassajara Creek Project
Page 12 of 16
August 18, 2000
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. Bankruptcy.
The obligations of this Agreement shall not be dischargeable in
bankruptcy.
20. Indemnification.
DEVELOPER agrees to indemnify, defend and hold harmless CITY, and
its elected and appointed councils, boards, commissions, officers, agents,
employees, and representatives from any and all claims, costs (including legal
fees and costs) and liability for any personal injury or property damage which
may arise directly or indirectly as a result of any actions or inactions by the
DEVELOPER, or any actions or inactions of DEVELOPER's contractors,
subcontractors, agents, or employees in connection 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).
Certain of the project conditions, including but not limited to Conditions no. 154,
155 require DEVELOPER to obtain necessary permits from other agencies prior
to project activity specified in the condition. Should DEVELOPER fail to obtain all
necessary permits, DEVELOPER agrees to indemnify CITY, as set forth above,
even if CITY issued permits for the specified project activity.
21. Insurance.
21.1 Public Liability and Property Damacle 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
Dublin/Greenbriar Development Agreement
for Tassajara Creek Project
Page 13 of 16
August 18, 2000
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 Compensation Insurance. During the term of this
Agreement DEVELOPER shall maintain Worker's Compensation insurance for all
persons employed by DEVELOPER for work at the Project site. DEVELOPER
shall. require each contractor and subcontractor similarly to provide Worker's
Compensation insurance for its respective employees. DEVELOPER agrees to
indemnify the City for any damage resulting from 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.
DEVELOPER acknowledges that it must obtain water and sewer permits
from the Dublin San Ramon Services District CDSRSD") which is another public
agency not within the control of CITY.
23. Notices.
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
P.O. Box 2340
Dublin, CA 94568
FAX No. (925) 833-6651
Notices required to be given to DEVELOPER shall be addressed as follows:
LLC.
Patrick Costanzo, Jr, Greenbriar Homes Communities,
4340 Stevens Creek Boulevard, #240
San Jose, CA 95129
FAX No. (408) 556-1859
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.
Dublin/Greenbriar Development Agreement
for Tassajara Creek Project
Page 14 of 16
August 18, 2000
Notices shall be deemed given and received upon personal delivery, or if mailed,
upon the expiration of 48 hours after being deposited in the United States Mail.
Notices may also be given by overnight courier which shall be deemed given the
following day or by facsimile transmission which shall be deemed given upon
verification of receipt.
24. Agreement is Entire Understanding.
This Agreement constitutes the entire understanding and agreement of the
parties.
25. Exhibits.
The following documents are referred to in this Agreement and are
attached hereto and incorporated herein as though set forth in full:
Exhibit A Legal Description of Property
Exhibit B Additional Conditions
26. Counterparts.
This Agreement is executed in two (2) duplicate originals, each of which is
deemed to be an original.
27. Recordation.
CITY shall record a copy of this Agreement within ten days following
execution by all parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed as of the date and year first above written.
CITY OF DUBLIN:
By: Date:
Mayor
ATTEST:
By: Date:
City Clerk
Dublin/Greenbriar Development Agreement
for Tassajara Creek Project
Page 15 of 16
August 18, 2000
APPROVED AS TO FORM:
City Attorney
GREENBRIAR HOMES COMMUNITIES, LLC
a Delaware Limited Liability Company By: Greenbriar Homes Communities, Inc.
A California Corporation, Its Manager
By: Date:
Its:
APPROVED AS TO FORM:
Attorney for DEVELOPER
(NOTARIZATION ATTACHED)
J:\WPD\Mnrsw\l 14\133~z~g ree\greenbriar da 081800, doc
Dublin/Greenbriar Development Agreement
for Tassajara Creek Project
Page 16 of 16
August 18, 2000
O~A,ner
Alameda County
APN:986-0002-002-02
Legal Description
Real propert3, situate in the City of Dublin, County of Alameda, State of California being a
portion of the parcel described in the deed recorded in Series No. 93-392123 Official Records of
Alameda County described as follows:
Beginning at the southeasterly comer of said parcel; thence along the southerly line of said
parcel S.88°50'23"VC, 874.43 feet; thence leaving said southerly line N.48°21'41 "W., 72.36 feet;
thence N.69°52'38"W., 221.44 feet; thence N.04°21 '21 "W., 197.01 feet; thence N.72°29'40"E.,
189.94 feet; thence N.20°46'36"E., 157.75 feet; thence N.09°] 4'47"W., ] 83.84 feet; thence
N-37°0] '41 "E., 162.43 feet; thence N.52°22'55"E., 217.49 feet; thence N.22°20'19"E., 25.51 feet;
thence S.51 °26'39'E.. 53.49 feet to a curve to the fight having a radius of 29.50 feet, a delta of
91°40'50"; thence along said cur,,e an arc length of 47.20 feet; thence N.40°3Y09"E., 99.90 feet;
thence N.40°33'21 "E., 17.75 feet t0 Point "A" (for the purpose of this description) and a curve to
the left having a radius of 879.50 feet, a delta of 27°52'44"; thence along said curve an arc length
of 427.95 feet: thence N.I2°33'37"E., 98.75 feet; thence S.78°43'58"E, 43.54 feet to a non
tangent curve to the left having a radial which bears N.Tg°43'Sg"W., a radius of 20.00 feet, a
delta of 90°00'00"; thence along said curve an arc length of 31.42 feet; thence S.78°43'58"E.,
6.49 feet to a curve to ihe left having a radius of 472.00 feet, a delta of 7°51 '46"; thence along
said curve an arc length of 64.77 feet; thence S.86°35'44"E., 222.08 feet to a curve to the ]eft
having a radius of 27.00 feet, a delta of 56°26'22"; thence along said curve an arc len~h of 26.60
feet; thence N. 03 °24'16"E., ] 13. ] 4 feet; thence S. 86°35 '44 "E., 9.00 feet; thence N.03 °24'16 "E.,
t60.15 feet; thence S.86°35'45"E., 3 ] .50 feet to the eagerly line of said parcel; thence along said
eagerly line S .03 °24' t 6 "W., 168 g. 51 feet; thence continuing sat d easterly line S .01 ° 13'11
5.07 feet to the Point of Beginning.
Containing 27.43 Acres +/-
Excepting, therefrom the following described parcel:
Commencing at the above described Point "A"; thence S.49°26'39"E., 48.50 feet to the Point of
Beginning and a non tangent curve to the left having a radial which bears S.49°26'39"E., a radius
of 928.00 feel a delta of 28°08'44"; thence northeaster})' along said curve an arc length of 455.86
feet to a reverse curve having a radius of 20.00 feet, a delta o5 88°5] '25"; thence along said curve
an arc ]eriCh of 31.02 feet; thence S.78°43'58"E., 3.68 feet to a curve to the left having a radius of
528.00 feet, a delta of 07°51'46"; thence along said curve an arc ien~h of 72.46 feet; thence
S.86°35'44"E., 33.43 feet to a non tangent curve to the right having a radial which bears
N.32°59'46"E., a radius of 23.00 feet, a delta of 60°24'30"; thence southeasterly and soulheriy
-- A
k Xf4 igt-v
along said curve an arc length of 24.25 feet; thence S.86°35'44"E., 40.00 feet to a non tangent
curve to the right having a radial which bears N.86°35'44"W., a radius of 23.00 feet, a delta of
60°24'29"; thence northerly and northeasterly along said curve an arc length of 24.25 feet; thence
S.86°35'44'E., 17.36 feet to a curve to the fight having a radius of218.00 feet, a delta of
07°37'41 "; thence along said curve an arc length of 29.02 feet to a reverse curve having a radius of
234.00 feet, a delta of 07°3 7'41 "; thence along said curve an arc length of 3 I. 15 feet; thence
S.86°35'44"E., 57.00 feet to a curve to the right having a radius of 27.00 feet, a delta of 56°26'23";
thence along said curve an arc length of 26.60 feet; thence S.03°24'16"W., 297.41 feet; thence
N-86°35'44"W., 204.00 feet; thence N.03°24'16"E., 60.67 feet; thence N.86°35'44"W., 40.00 feet;
thence S.03°24'16"W., 183.00 feet; thence N.86°35'44"W., 116.11 feet; thence S.03°24'16"W.,
35.85 feet; thence N.86°35'44"W., 60.00 feet; thence S.57°50'33"W., 25.93 feet; thence
S.48°59'22"W., 33.0I fee~ to a non tangent curve to the left having a radial which bears
N.35°45'30"E., a radius of 57.00 feet, a delta of 23°22'48"; thence northwesterly and westerly
along said curve an arc length of 23.26 feet to a reverse curve having a radius of 28.00 feet, a delta
of26°10'39"; thence along said curve an arc len~h of 12.79 feet; thence N.51°26'39"W-, 43.30 feet
to a curve to the right having a radius of 23.00 feet, a delta of 92°00'00"; thence along said curve an
arc len~h of 36.93 feet; thence N.40°33'21 "E., 16.22 feet to the Point of Be,oinning.
Containing 3.64 Acres +/-
Charles F. Sellman L.S. 5186
License expires 6-30-03
Dat~/ ~t/
F'ILE: P:UOBS-96\96II21~lUR\~Y'xpaTcd_l
PRINT DATE: Augurn 4, 2000
ALAMEDA COUNTY
PARCEL A/~P 7~57 0 3OO 6OO
_~W P~ 7
900
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PL~,T TO ACCOMPANY
LEGAL DESCRIPTION
ALAMEDA COUNTY, CALIFORNIA
Line iabie
BEARING iD!STANCE
NBE:~5'45"W I 32.55'
N4.c2~9"Y./ 4L5C,,'
N7P~j.EE'I,7
NB525'~z 'W ~ 3j 45'
NB~5'44"W
N~5'4~' 57, T'
N05~47~'
NB~75'44'W ~ 204.00'
A'T? 4 7 6 Y
NB~5 '44 'W ~ t6. 2 ;'
NBB75 '44 "M'
N4B~922~' jj. OF
N5 ~ 25 ~ ' ~ 4Z
N4O~d'21'E
CURVE I RADIU5 t DELTA I Lenotn
t 29.50' i 97'40'50' I 4420'
C2 ~ 57,o. 5D'[ 2752'44~ ~ 42495'
CS t 20. OO' I 9O~g'OO" l 3L 42'
C4 I 472. D0'! 07~1'46' I 54.77'
c5 ~ 27.00' i 5~6~2'I 25.60'
C6 I g2B. OO'~ 2~D5'44" ~ 455. B6'
I 20. OO' I ~5~'25" 1 32.02'
C8 I 528.05't 075Y46~1 72.46'
I 2J. OD' 15~24'30"1 24.25'
I 2IB. O0't 07~7'41"12~.02'
t 2~4.00'1DT~7'4F'I 3!.~5'
I 2400' 15526'2j' I 25,60'
I 5ZOO' 12~22'48" 12~.26'
I 28.00' 12~079"1
t 25.00' I
C15 I 23.00' 156242~" I 24.25'
· '- . ,-":.', .': '.-: .' : -"", 7
EXHIBIT B
Additional Conditions
The following Additional Conditions are hereby imposed pursuant to
Paragraph 5.3 above.
Subpara~raph 5.3.1 -- Subsequent Discretionary Approvals
None.
Subparagraph 5.3.2 -- Mitigation Conditions
Subsection a.
Infrastructure Sequencing Program
The Infrastructure Sequencing Program for the Project is set forth below.
(i) Roads:
The project-specific roadway improvements (and offers of
dedication) described below and those identified in Resolution No. 00-10 of the City of
Dublin Planning Commission "Approving the Vesting Tentative Map and Site
Development Review for the Greenbriar Land Company Tassajara Creek Development"
(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.
(ii) Sewer
All sanitary sewer improvements to serve the project site (or any
recorded phase of the Project) shall be completed in accordance with the tentative map
and 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
to the satisfaction and requirements of the CITY's fire department.
AII potable water system components to serve the project site (or
any recorded phase of the Project) shall be completed in accordance with the tentative
map and DSRSD requirements.
Recycled water lines shall be installed in accordance with the
tentative map.
Dublin/Greenbriar Development Agreement
For Tassajara Creek Project
Page 1 of 7
August 30, 2000
(iv) Storm Draina_cle
Prior to issuance of the first Certificate of Occupancy for any
building which is part of the Project, the storm drainage systems off site, as well as on
site drainage systems to the areas to be occupied, shall be improved to the satisfaction
and requirements of the Dublin Public Works Department applying CITY's and Zone 7
(Alameda County Flood Control and Water Conservation District, Zone 7) standards
and policies which are in force and effect at the time of issuance of the permit for the
proposed improvements and shall be consistent with the Drainage Plan. The site shall
also be protected from storm flow from off site and shall have erosion control measures
in place to protect downstream facilities and properties from erosion and unclean storm
water consistent with the Drainage Plan. As used herein, "Drainage Plan" shall refer to
CITY's master drainage plan.
(v)
Other Utilities (e.g. gas, electricitV, cable televisions,
telephone)
Construction shall be complete by phase prior to issuance of the
first Certificate of Occupancy for any building within that specific phase of occupancy.
Subsection b. Miscellaneous
(i) Coml~letion May 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)Construction of Tassajara Road Improvements Under One
Contract
DEVELOPER acknowledges that it is in the best interest of
DEVELOPER and CITY that improvements to Tassajara Road from North Dublin Ranch
Drive to Dublin Boulevard be constructed under one contract to avoid traffic delays,
noise, dust and other construction related inconveniences to the general public and the
future residents of the Project. CITY may require another DEVELOPER to construct all
improvements to Tassajara Road from North Dublin'Ranch Drive to Dublin Boulevard
that are required for that other project (including improvements which are included in the
Eastern Dublin Traffic Impact Fee and those which are not). In such event,
DEVELOPER agrees that it will allow, and will enter into such agreements as necessary
to enable, such other DEVELOPER to construct the improvements to Tassajara Road
along the frontage of the Project which are required for this Project as part of the other
Dublin/Greenbriar Development Agreement
For Tassajara Creek Project
Page 2 of 7
August 30, 2000
DEVELOPER's construction contract. These improvements shall be as approved by
CITY.
Subparagraph 5.3.3 -- Phasing, Timing
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.
Subparagraph 5.3.4 -- Financing 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 has entered into an "Area Wide Facilities Agreement" with the
Dublin San Ramon Services District to pay for the cost of extending such services to the
Project. Such services shall be provided as set forth in Subparagraph 5.3.2(a)(ii) and
(iii) above.
Subparagraph 5.3.5 -- Fees, Dedications
Subsection 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 then-current amount of the impact fee.
Subsection b. Traffic Impact Fee to Reimburse Pleasanton for Freeway
Interchanges.
DEVELOPER shall pay the Eastern Dublin 1-580 Interchange Fee
established by City of Dublin Resolution No. 11-96 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 then-current
amount of the impact fee.
Subsection c.
Public Facilities Fees.
DEVELOPER shall pay a Public Facilities Fee established by City of
Dublin Resolution No. 195-99, including any future amendments to such fee.
Dublin/Greenbriar Development Agreement
For Tassajara Creek Project
Page 3 of 7
August 30, 2000
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 Mitigation 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 then-current amount of the fee.
Subsection e.
School Impact Fees.
School impact fees shall be paid by DEVELOPER in accordance with
Government Code section 53080.
Subsection f.
Fire Impact Fees.
DEVELOPER shall pay a fire facilities fee established by City of Dublin
Resolution No. 37-97 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 g. Tri-Valley Transportation Development Iml3act Fee.
DEVELOPERS 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. DEVELOPERS will pay such fees no
later than the time of issuance of building permits and in the then-current amount of the
impact fee.
Subsection h.
Reimbursement for Annexation Area Public Service
Costs
CITY and the Lin Family are parties to. an agreement entitled "Annexation
Agreement Between City of Dublin and the Lins" (hereafter "Annexation Agreement")
dated October 10, 1994 and recorded at #95053080 on March 9, 1995. The Annexation
Agreement requires the Lins to pay to the CITY each year a certain amount for the
CITY's costs of providing public services to the area annexed by CITY in 1995, pursuant
to applications filed by the Lins and Clyde Casterson, the former owner of the Property.
The amount to be paid by the Lins to CITY is, generally, the difference between the cost
of providing public services to the area annexed and the revenues derived from such
area.
The Property was included in the 1995 annexation to the City which
included the Lins' property. The Property represents 1.2097% of the property annexed
Dublin/Greenbriar Development Agreement
For Tassajara Creek Project
Page 4 of 7
August 30, 2000
to the CITY in 1995 (18.6 acres out of a total of 1,537.6 acres). It is agreed that
DEVELOPER has benefited from the annexation of the Property to CITY in 1995.
Accordingly, prior to issuance of the first building permit for the Project,
DEVELOPER agrees to pay to CITY the amount of $4,384.05 which represents
1.2097% of the Annexation Area Public Service Costs paid by the Lins from Fiscal Year
1995-96 to the date payments ceased under the Annexation Agreement.
All monies received by CITY from. DEVELOPER pursuant to this
subsection shall be remitted by CITY to the Lins pursuant to Section I(F) of the
Annexation Agreement.
Subpara_clraph 5.3.6 -- Credit
Subsection a.
Traffic Impact Fee Improvements -- Credit
CITY shall provide a credit to DEVELOPER for those improvements
described in the resolution establishing the Eastern Dublin Traffic Impact Fee and if
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").
Subsection b. Traffic Impact Fee Right-of-Way Dedications -- Credit
CITY shall provide a credit to DEVELOPER for any TIF area right-of-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.
Subparagraph 5.3.7 -- Miscellaneous
Subsection a.
Landscaping Maintenance Along Tassajara Road
Pursuant to Conditions 137(a) of Resolution No. 00-10, the Maintenance
Association to be formed by recorded Covenants, Conditions and Restrictions (CC&R's)
on all Lots 1-126 ("Maintenance Association") will maintain the landscaping within the
public right-of-way along Tassajara Road and landscaping along Tassajara Road
located within Parcel A (as shown on the tentative map). The CC&R's will require the
Maintenance Association to obtain an on-going encroachment permit from CITY for
such maintenance and to defend and indemnify the CITY against any claims arising out
of the maintenance of such landscaping and to name the CITY as an additional insured
on the Maintenance Association's policy of liability insurance.
DublinlGreenbriar Development Agreement
For Tassajara Creek Project
Page 5 of 7
August 30, 2000
Subsection b.
Landscaping Maintenance Alon,cl Streets
The Homeowners Association to be formed by recorded CC&R's on Lots 49 to
126 ("Homeowners Association") will maintain all landscaping along private streets as
provided in Condition No. 86 of Resolution No. 00-10, and the Maintenance Association
will perform all other landscape maintenance required by Condition No. 86.
Subsection c. Tassajara Creek
Developer shall reserve parcels C, D, E and F as shown on Tentative Map 7075,
for Zone 7 of the Alameda County Flood Control and Water Conservation District in
Final Map 7075. Developer anticipates that Zone 7 will accept ownership of parcels C,
D, E and F after the required Tassajara Creek improvements and trail improvements are
constructed in each parcel as specified in the conditions of approval for Tentative Map
7075. The alignment of the trail shall be located reasonably close to the existing creek
and be continuous from the northerly property to the southerly property line.
Prior to occupancy of the first building in Tract 7075, the Developer shall obtain a letter
from Zone 7 stating that Zone 7 intends to accept the dedication of Parcels C, D, E
and F upon completion of the required improvements as conditioned with Tentative Map
7075. All creek and trail improvements within Parcel C shall be guaranteed prior to CITY
approval of final maps for Tract 7075 and offered to Zone 7 for acceptance when the
tract improvements (e.g. roads) are offered to CITY. All creek and path improvements
within Parcel D shall be guaranteed prior to CITY approval of the final map subdividing
Lot 127 into individual residential lots and shall be constructed within one year
thereafter along with subdivision improvements. All creek and trail improvements within
Parcel E shall be guaranteed prior to CITY approval of the final map subdividiving Lot
128 into individual residential lots and shall be constructed within one year thereafter
along with subdivision improvements. All creek and trail improvements within Parcel F,
Lot 130 and Lot 131 shall be guaranteed by the developer of Lot 130prior to CITY
approval of the final map subdividing Lot 130 into individual residential lots and shall be
constructed within one year thereafter along with subdivision improvements. If the
developer of Lot 130 constructs the trail over Lot 131, the developer of Lot 130 shall be
entitled to credit for trail improvements on Lot 131, provided credit is authorized by
CITY's T1F Guidelines.
A 20 wide access road easement from dedicated public street parcels to parcel F shall
be created with Final Map 7075.
The open space easement area referenced in Condition No. 48 of Resolution No. 00-10
and shown within lot 130 on Tentative Map 7075 shall be deeded to Zone 7 with the first
Final Map that subdivides lot 130 into individual residential lots. If Zone 7 will not accept
such easement, the easement area will by owned by the Maintenance Association and
will not be developed.
Dublin/Greenbriar Development Agreement
For Tassajara Creek Project
Page 6 of 7
August 30, 2000
In the event that Zone 7 does not accept ownership of parcels C, D, E and F and the
improvements to such parcels when they are offered, the parcels shall be owned and
maintained by the Maintenance Association until such time that Zone 7 will accept
ownership. During its ownership of the above parcels, the Maintenance Association will
be responsible to maintain the creek, regional trail and the parcels to standards
established by the City of Dublin.
Subsection d. Regional Trail
The regional trail along Tassajara Creek, which is referred to in Condition No. 36
of Resolution No. 00-10 shall be constructed by the DEVELOPER no later than the time
allowed by the Tract Developer Agreement to be executed prior to approval of Final
Map 7075 and prior to dedication of Parcel C to Zone 7.
J:\WPD\Mnr,sw\l 14\133'Agree\greenbriar ex b 081800.doc
Dublin/Greenbriar Development Agreement
For Tassajara Creek Project
Page 7 of 7
August 30, 2000
ALAMEDA COUNTY
5997 PARKSIDE DF~IVE J
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Dennis CarTington
City of Dublin Planning D~partm~nt
PO Box 2340
Dublin, CA 9456g
December 29, 199g
SUBJECT: Ir~RRA' YARRA RANCH
Dear Mr. CarringDn:
This lcttcr is in response to your referral date_A blovembcr 30, 199g regarding the above mentioned project.
Zone 7 has the following comments;
I. There are no Zone 7 Warm' Supply Facilities in the project vicinity.
Zone 7 Administers a program for the destruction of unused wells in the Livermore-
Amador Valley. Knt~wn water walls without a documented intent of future use, filed
Zone 7, are to be destroyed prior to any demolition or construction a~ivity jn
with a well destruction permit obtained from Zone 7. There is one well of record shown to
bc w/thin th¢ project, Well 2S/IE 33E1 is a w-ater supply well. Attached is a vicinity map
indieatlng the well location.
The subject property is located on Tassajara Creek (Line K). This portion of Tassajara
Cr~ek is. includ~l in Zone 7's "Project I" Area, therefore:, Zone 7 cannot rclmbursc for any
channel improvements but can tak~ ownership if impmv.ements ar~ made to Zone 7
satisfaction, We gcrcrally ptcfi~r to act.~pt ownership and maintenane~ responsibility of am
entire eha~nel but sinc~ this project is being done in stages we could accept the eastern
portion only.
Attached is a copy of'our Dra~{i Design Guidelines.
ATTAOHMEHT 3
The proposed access road is conceptually acosptable. W~ would however- prefer closer
pror, jmity to the ~re~k for inspection purposes. Please refer to our Dnafi Guidelines For
details concerning fencinS, wac~way width, pavement thickness, drainage a~d entry
rcquir~mera~, Will ffsis road be a joint use biks trail ?
Please f~cl ~e to call mc at extension ~105 if you have any questions.
Sincerely,
Watsr Resources Engineer