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Home My WebLink AboutReso 48-05 DubRchCommunityPark RESOLUTION NO. 48 . 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN **,*.***fIr* APPROVING AGREEMENT WITH THE UN FAMILY REGARDING A PROPOSED COMMUNITY PARK IN DUBLIN RANCH WHEREAS, the Lin Family, developers of Dublin Ranch, intend to convey 60 acres within Dublin Ranch to the City of Dublin for a community park and to construct certain improvements that will serve the community park; and WHEREAS, the Lins and the City of Dublin previously entered into an Agreement to Extend Conditions on Master Vesting Tentative Tract Map 7281, dated August 17,2004, which requires that the Lins enter into an agreement with the City regarding a proposed community park in Dublin Ranch; and WHEREAS, the Lins and the City of Dublin previously entered into an Improvement Agreement and Right of Entry Agreement for Fallon Road Improvements to satisfy certain Conditions of Approval of Vesting Master Tentative Map 7135, dated March 19, 2002; and WHEREAS, the Lin Family has executed and filed with the City of Dublin an Agreement Regarding A Proposed Community Park in Dublin Ranch; NOW, THEREFORE, BE IT RESOLVED that said Agreement Regarding a Proposed Community Park in Dublin Ranch, attached hereto as Exhibit "A", is hereby approved, BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to execute the Agreement Regarding a Proposed Community Park in Dublin Ranch and the Memorandum of Agreement Regarding a Proposed Community Park in Dublin Ranch, hereto attached as Exhibit "G," and that the Clerk of this City Council is hereby directed to transmit said Memorandum of Agreement to the County Recorder for filing, PASSED, APPROVED AND ADOPTED this 15th day of March, 2005, A YES: Councilmembers Hildenbrand, McConnick, Oravetz and Mayor Lockhart NOES: None ABSENT: Councilmember Zika K'/G/3-t5"()5/reso 48"()5 Mayor ABSTAIN: None ATTEST: g,:\devc1op\dllblin ranch\cornmunitypark\n:oo Iin park agreemenLdoc ~àQ¿L.( AGREEMENT REGARDING PROPOSED COMMUNITY PARK IN DUBLIN RANCH THIS AGREEMENT is made and entered in the City of Dublin on this 15th day of March, 2005, by and between the City of Dublin, a Municipal Corporation (hereafter "City") and Chang Su-Q-Lin (also known as Jennifer Lin), Hong Lien Un (also known as Frederic or Frederich Lin) and Hong Yao Un (also known as Kevin Lin), (hereinafter "Developer"). City and Developer are, from time-to-time, individually referred to in this Agreement as a "Party," and are collectively referred to as "Parties." RECITALS A. Developer is the fee owner of certain real property in the City of Dublin ("the Property"), as more particularly described in Exhibit A, and certain other surrounding property, collectively known as Dublin Ranch, that Developer has developed or desires to develop with various residential and commercial uses. B. Developer and City are parties to a certain "Master Development Agreement Between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas A, B, C, D, E, F, G and H)," dated March 25, 1999 ("the Master Development Agreement"), and a "Supplemental Development Agreement Between the City of Dublin and the Lin Family for the Dublin Ranch Project (Areas F, G, and H)," dated March 7, 2000 ("the Supplemental Development Agreement") (collectively the Master Development Agreement and the Supplemental Development Agreement are referred to as ''the Development Agreements"). C. The Development Agreements anticipated that a community park designated in Figure 4.1 the Eastern Dublin Specific Plan would be 68 acres and that 52 acres of the community park would be on lands owned by Developer. D. The City subsequently determined that, due to population projections, a 60-acre community park would satisfy community demand, and that, due to biological constraints on adjacent land, all 60 acres of the community park would be on the Developer's land. E. The Development Agreements obligate Developer to deed or dedicate the 60-acre community park site lands to the City, and the Development Agreements obligate the City to compensate Developer for a portion of said dedications. F. The Parties are in agreement regarding the location of the 60-acre site for the Community Park ("the Parksite"), the location of which is Parcel 8 on the Final Map for Tract 7281 as shown on the site map attached hereto as Exhibit B, and the City is presently designing the community park to be constructed on the Parksite. AGREEMENT REGARDING PROPOSED COMMUNITY PARK IN DUBLIN RANCH 72oasa,a mmlTA to --th.e 1(e:'Þ/lA,Æ,'ol1 ~v 1. ~ G. Developer is presently grading or preparing to grade other portions of Dublin Ranch for development and desires to dispose of excess earth generated from those grading operations. H. The grades of the Parksite are such that the lands could accept additional earth, and the City is willing to take possession of the property after the completion of such mass grading, provided that the additional earth would not interfere with the City's community park designs. I. In conjunction with the development surrounding the Parksite, Developer expects to construct or cause to be constructed certain public improvements and private infrastructure, such as roadways, sidewalks, traffic signals, and a streambed corridor, directly adjacent to the Parksite. J. Developer desires to provide that certain of the contemplated public improvements and private infrastructure associated with the Parksite (specified herein) will be completed and, in some cases, maintained by whomever develops an adjacent parcel, Parcel 7 of Tract 7281, which parcel is more particularly described in Exhibit C ("Parcel 7"). The City is willing to allow such improvements to be deferred until Parcel 7 is developed provided Developer agrees that City can impose conditions of approval on future tentative maps for the development of Parcel 7 that require completion and maintenance of the improvements. K. Through this Agreement, the parties desire to set forth their respective agreements with respect to the Community Park. NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows: AGREEMENT Section 1. Park Land Dedications: a. Dedication of 52 Acres of Land for Community Park Site. i. Developer has delivered a deed to City that dedicates 52 acres of the Community Park Site ("the Prior Deed"). Upon its receipt of the Subsequent Deed referenced in Section 1.b.i below, City will return the Prior Deed to Developer. ii. Pursuant to sections 17.1 and 17.2 of the Master Development Agreement, Developer already received credit for the conveyance of 44.5 acres and is not entitled to any credit for the additional 7.5 acre dedication. b. Conveyance of Additional 8 Acres of Land for Community Parle AGREEMENT REGARDING PROPOSED COMMUNITY PARK IN DUBLIN RANCH 720956.9 Page.2 March 15, 2005 <-t~ 1~' i. Conveyance and Acceptance. Developer concurrently with the execution of this Agreement has delivered a deed to the City that would convey Parcel 8 of Tract 7281 ("Parcel 8") to City. Parcel 8 includes the 52 acres dedicated pursuant to Section 1.a and an additional 8 acres of the Community Park Site ("the Subsequent Deed"). The City will accept the Subsequent Deed within 60 days of the Completion of Grading (defined below in Section 2.c). ii. Compensation for Conveyance of 8 Acres. Upon City's acceptance of the Subsequent Deed, Developer shall, consistent with Section 17.9 of the Master Development Agreement, be entitled to compensation for the conveyance of the additional 8 acres as set forth in this Subsection. Developer agrees that the compensation paid by the City will be at fair market value not to exceed the land value used by City in calculating the Public Facilities Fee on the date of the City's acceptance of the Subsequent Deed. The City shall make the payment required by this paragraph on June 30, 2006 or the City's acceptance of the Subsequent Deed, whichever is later. Section 2. Grading and Preparation of the Community Park Site Prior to Conveyance. a. Bulk Grading of Parksile. Developer agrees to bulk grade the Parksite as set forth in the Bulk Grading Plan, attached hereto as Exhibit D, at the same time as any bulk grading of any portion of Area F and Area B east of Grafton Street or within one year of City's request, whichever is earlier. The bulk grading shall include the installation of the culverts, headwalls, and fill required for the park entrance drive across the Streambed Corridor. The City will provide Developer with Public Facilities Fee credits for such work in the amount of $55,400. b. Erosion Control Measures. Developer shall install and maintain erosion control measures on the Community Park Site as required by the Erosion Control Measures, which are included in the Bulk Grading Plan attached hereto as Exhibit D. Developer's obligation to maintain the Erosion Control Measures shall cease upon the City's acceptance of the Community Park Site. c. Completion of Grading. Developer shall provide the City with a notice indicating that grading of the Community Park Site is complete ("the Notice of Completion of Grading"). Along with the Notice of Completion of Grading, Developer shall deliver evidence that the land to be conveyed (including the imported fill) and underlying groundwater are free of hazardous substances. Within 60 days of receipt of the Notice of Completion of Grading, (1) the City shall obtain from its soils engineer certification that grading has been completed in conformity with the Bulk Grading Plan (or in the alternative, a statement of non-conformity with sufficient information to provide Developer with a request for correction); (2) the City shall complete a spot survey of the Community Park Site to determine whether the grades of the Community Park Site conform to the AGREEMENT REGARDING PROPOSED COMMUNITY PARK IN DUBLIN RANCH 720959,9 paga 3 March 15. 2005 ?15()J.'1' requirements of the Bulk Grading Plan (if City so elects); (3) the City shall review the evidence provided by developer that the land to be conveyed (including the imported fill) and the underlying groundwater are free of hazardous substances and if insufficient shall provide notice to Developer of the insufficiencies with sufficient specificity for Developer to make corrections as appropriate or to provide such additional information as may be required; and (4) the City shall direct developer to install the Erosion Control Measures.. Upon installation of the Erosion Control Measures, Developer shall notify the City, and the City shall determine whether the Erosion Control Measures have been installed in accordance with Exhibit D and, if insufficient, shall provide notice to Developer of the insufficiencies with sufficient specificity for Developer to make corrections as appropriate. If the City is satisfied with regard to these items then upon the expiration of sixty (60) days from receipt of the Notice of Completion of Grading, the bulk grading shall be deemed complete ("the Completion of Grading"). If in the alternative, the City has provided a notice of deficiencies as specified above, Developer shall make such corrections and provide City with a new Notice of Completion of Grading as specified above. Should Developer dispute the statement of deficiencies and the parties are unable to resolve the dispute as among themselves then the City and Developer agree to submit the dispute to arbitration. Section 3. Design, Construction and Maintenance of Streambed Corridor. a. Design, Construction and Maintenance of Streambed Corridor and Associated Improvements. Developer's permit from the Army Corps of Engineers ("the Corps") requires it to develop a streambed corridor adjacent to the western boundary of the Parksite ("the Streambed Corridor"). Developer intends to require the purchaser/developer of Parcel 7 to construct the streambed corridor improvements required by the Corps ("the Streambed Corridor Improvements") and to assure the perpetual maintenance of the Streambed Corridor. To ensure that the Streambed Corridor design and construction is coordinated with the City's design and construction of the Community Park, Developer agrees to design the rough grading for the streambed corridor area and obtain approval of the rough-grade design prior to beginning bulk grading of the Parksite pursuant to Section 2.a. Developer will complete bulk grading of the streambed corridor area as specified in the Bulk Grading Plan. b. Notification to Future Purchasers of Affected Lands of Obligation to Construct and Maintain Streambed Corridor. Developer agrees not to oppose the City's imposition of conditions on future land-use approvals for Parcel 7 that would require the Developer of Parcel 7 to construct and maintain the Streambed Corridor Improvements. For the purposes of this subsection, the Streambed Corridor Improvements shall include walkways and landscaping along the Streambed Corridor frontage of Lockhart Street and Gleason Drive. The recordation of this Agreement Regarding Proposed Community Park will serve as notice to any future owners of Parcel 7 that the developer of Parcel 7 may be AGREEMENT REGARDING PROPOSED COMMUNITY PARK IN DUBLIN RANCH 720956.9 Page 4 March 15. 2005 bt>1:?r.1, obligated to construct and maintain the Streambed Corridor Improvements. Section 4. Completion of Park Frontage Improvements a. Gleason Drive Between Fallon and Lockhart Street. Developer has completed the Gleason Drive improvements between Fallon Road and Lockhart Street, excepting the sidewalk and landscaping fronting the Streambed Corridor. Eastern Dublin Traffic Impact Fee ("TIF") credits will not be provided for the sidewalk and landscaping fronting the Streambed Corridor. b. Fallon Road Between Fire Station 18 and Central Parkway. Developer shall complete the Fallon Road improvements between Gleason Drive and Central Parkway as conceptually shown on Exhibit E ("the Fallon Road Improvements"). These improvements include the improvements required to merge two southbound lanes to one lane south of Bent Tree Drive to the satisfaction of the City Engineer. The City will be responsible for the completion of sidewalks and frontage landscaping on Fallon Road between Fire Station 18 and Central Parkway. Within ninety (90) days of the City notifying Developer in writing that the Fallon Road Improvements are to be completed, Developer shall prepare plans and specifications for and enter into an improvement agreement with the City to complete the Fallon Road Improvements. Upon becoming effective, the new improvement agreement required by this paragraph will supercede that certain Agreement and Right of Entry for Fallon Road Improvements to Satisfy Certain Conditions of Approval of Vesting Master Tentative Map 7135, dated March 19,2002. The improvement agreement shall require Developer to complete the Fallon Road Improvements within 18 months of the City requesting that the Fallon Road Improvements be completed. TIF credits will be provided for any TIF improvements completed. c. Central Parkway Between Fallon Road and Lockhart Street. Developer shall construct all TIF improvements, all underground improvements and the northern frontage improvements on Central Parkway between Lockhart Street and Fallon Road, excepting sidewalk and landscaping fronting the Parksite. In addition, the improvements shall include drainage, sanitary-sewer, and utility stubs to serve the Parksite at locations as agreed upon by the Parties. Collectively, the foregoing improvements are referred to as ''the Central Parkway Improvements." The City will be responsible for the completion of sidewalks and frontage landscaping on Central Parkway fronting the Parksite. Within 90 days of the City notifying Developer in writing that the Central Parkway Improvements are to be completed, Developer shall prepare plans and specifications for and enter into an improvement agreement with the City that requires Developer to complete the Central Parkway Improvements within 18 months of the City requesting that the Central Parkway Improvements be completed. TIF credits will be provided for any Central Parkway TIF improvements. The Central Parkway TIF improvements include the northern frontage improvements. d. Lockhart Street Between Gleason Drive and Central Parkway. AGREEMENT REGARDING PROPOSED COMMUNITY PARK IN DUBLIN RANCH 720956.9 Page 5 March 15. 2005 t tb2.'-t Developer shall construct full roadway improvements including all underground improvements on Lockhart Street between Gleason Drive and Central Parkway. . In addition, Developer shall provide drainage, sanitary sewer, and utility stubs to serve the Parksite at the locations shown on Exhibit D. The two sanitary sewer stubs shall be extended from Lockhart Street to the east side of the Streambed Corridor. The City will provide Developer with Public Facilities Fee credits for the extension of the sanitary sewer stubs in the amount of $7,000. Collectively, the foregoing improvements are referred to as "the Lockhart Street Improvements." The Lockhart Street Improvements do not include the sidewalk and frontage landscaping on the east and west side of Lockhart Street, which the City will, pursuant to Section 3, condition the developer of Parcel 7 to construct. Within 90 days of the City notifying Developer in writing that the Lockhart Street Improvements are to be completed, Developer shall prepare plans and specifications for and enter into an improvement agreement with the City that requires Developer to complete the Lockhart Street Improvements within 18 months of the City requesting that the Lockhart Street Improvements be completed. Developer will receive no TIF credits for any of the Lockhart Street Improvements. Notwithstanding Section 7.e below, Developer may, at its election, assign this obligation to the Developer of Parcel 7 provided that Developer first notifies the City Manager in writing of its intent to assign the obligation. e. Traffic Signals at Park Entrances. Developer will install conduit for future traffic signals, if deemed necessary by City, at park entrances. Such traffic signal conduit installation shall be completed in conjunction with the associated roadway improvements and included in the associated improvement agreement. The traffic signals referenced in this subsection do not include the traffic signals at Central Parkway/Lockhart Street and Gleason Drive/Lockhart Street. f. Park Frontage Right-of-Way Dedications. Within 120 days of the City's request, Developer agrees to dedicate to the City Parcels 11, 14, and 17 of Tract 7281, which constitutes the full frontage right of way for those portions of Fallon Road, Central Parkway, Gleason Drive, and Lockhart Street surrounding the Parksite. The Developer also agrees to dedicate an access, utility, and construction easement across Parcel 13 of Tract 7281 ("Parcel 13") at the location and width shown on Exhibit D for the proposed park entrance drive from Lockhart Street and an access easement at location and width shown on Exhibit D for the pedestrian bridge crossing from Lockhart Street across Parcel 13 to the Parksite. These access and utility easements shall be granted to the City prior to any transfer of ownership of Parcel 13. City will accept the right-of-way dedications upon its acceptance of the street and frontage improvements required by Section 4.a through Section 4.d above. Developer will receive TIF credits for park frontage along the Fallon Road frontage south of Fire Station 18 and along the Central Parkway frontage. Section 5. Remnant Parcel North of Fallon Road. In conjunction with the development of Area A of Dublin Ranch, Developer dedicated land for and AGREEMENT REGARDING PROPOSED COMMUNITY PARK IN DUBLIN RANCH 720956.9 Page 6 March 15. 2005 '6 6Q '2-'+ constructed or caused to be constructed a portion of Fallon Road in its then- anticipated location. Due to environmental constraints, the ultimate location of Fallon Road was revised and moved to the south, and the ultimate Fallon Road improvements will be constructed in the revised location. Upon completion of the ultimate improvements of Fallon Road, portions of the right of way accepted by the City will no longer be necessary for public street purposes ("the Remnant Parcel"), as shown on Exhibit E. City agrees to commence any necessary procedures to abandon the Remnant Parcel, and, upon abandonment, the City, in consideration for the Developer's dedication of land for the alternative right of way for Fallon Road, agrees to transfer any rights it may have in the Remnant Parcel to Developer. Section 6. Termination. This agreement shall terminate upon the Parties' satisfaction of all of the covenants herein. Notwithstanding the foregoing, this Agreement shall terminate as to Parcel 7 upon the satisfaction of the covenants set forth in Section 3 and Section 4.d above. Upon either the Developer's satisfaction of all covenants, or the covenants set forth in Section 3 and Section 4.d above, and at the request of Developer or its successor in title to Parcel 7, the City Manager shall execute, acknowledge, and deliver to Developer or its successor in title to Parcel 7 such documents reasonably necessary to remove the cloud of this Agreement from title to the Property or Parcel 7, as the case may be. Section 7. Miscellaneous. a. Incorporation of Recitals and Introductory Paragraph. The Recitals contained in this Agreement, and the introductory paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. b. Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void, or unenforceable, either City or Developer may (in their sole and absolute discretion) terminate this Agreement by providing written notice of such termination to the other party. c. 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 covenants running with the land pursuant to AGREEMENT REGARDING PROPOSED COMMUNITY PARK IN DUBLIN RANCH 7,20956.9 Page 7 March 15, 2005 £11.;2.'-1 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. d. Furlher Assurances; Memorandum. The Parties agree to execute, acknowledge and deliver to the other such other documents and instruments, and to undertake such actions, as either shall reasonably request or as may be necessary to carry out the intent of this Agreement. Without limiting the generality of the foregoing (i) the Parties agree to execute and record in the Official Records of Alameda County a Memorandum of Agreement Regarding Proposed Community Park in Dublin Ranch substantially in the form attached hereto as Exhibit F. e. Assignability. Except as otherwise provided herein, Developer's rights, interests and obligations hereunder may not be assigned during the term of this Agreement approval by the City. f. Construction. This Agreement has been reviewed and revised by legal counsel for both City and Developer, and no presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. g. California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. h. Attorneys' Fees. In any legal action or other proceeding brought by either party to enforce or interpret a provision of this Agreement, the prevailing party is entitled to reasonable attorneys' fees and any other costs incurred in that proceeding in addition to any other relief to which it is entitled. i. Hold Harmless. Developer shall hold City and its elected and appointed officers, agents, employees, and representatives harmless from claims, costs, and liabilities for any personal injury, death, or property damage which is a result of operations performed under this Agreement by Developer or by Developer's contractors, subcontractors, agents or employees, whether such operations were performed by Developer or any of Developer's contractors, subcontractors, agents or employees. Nothing in this Section shall be construed to mean that Developer shall hold City harmless from any claims of personal injury, death or property damage arising from, or alleged to arise from, any act, failure to act, on the part of City, its elected and appointed representatives, offices, agents and employees. AGREEMENT REGARDING PROPOSED COMMUNITY PARK IN DUBLIN RANCH 720956.9 Page 8 March 15, 2005 IÙ¡)6'¡~ j. Notices. All notices required or provided for under this Agreement shall be in writing. Such notices shall be given to the Parties at their addresses set forth below: If to City, to: Richard C. Ambrose City Manager City of Dublin 100 Civic Plaza Dublin, CA 94569 Telephone: (925) 833·6650 Facsimile: (925) 833-6651 If to Developer, to: Martin W. Inderbitzen 7077 KolI Center Parkway, Suite 120 Pleasanton, CA 94566 Telephone: Facsimile: With Copies to: James Tong Charter Properties 6601 Owens Drive, Suite 100 Pleasanton, CA 94588 Telephone: Facsimile: A party may change its address by giving notice in writing to the other party and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or if mailed, upon the expiration of forty-eight (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. k. Counterparts. This Agreement may be executed in multiple counterparts and counterpart signature pages may be assembled to form a single original document. I. Entire Agreement; Exhibits. This Agreement consists of 10 pages and 7 exhibits which constitute in full, the final and exclusive understanding and agreement of the Parties and supersedes all negotiations or previous agreements of the Parties with respect to all or any part of the subject matter of this Agreement. The following exhibits are referred to in this agreement and are attached hereto and incorporated as though set forth in full: Exhibit B Legal Description of the Property Map of Parksite and Surroundings Exhibit A AGREEMENT REGARDING PROPOSED COMMUNITY PARK IN DUBLIN RANCH 720956.9 Page 9 March 15. 2005 \lOb '2 t1 Exhibit E Legal Description of Parcel 7 Bulk Grading Plan Diagram of Fallon Road Improvements and Location of Remnant Parcel Exhibit C Exhibit D Exhibit F Memorandum of Agreement Regarding Proposed Community Park in Dublin Ranch m. Waivers. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of City and the Developer. n. Legal Authority. Each individual executing this Agreement on behalf of Developer hereby represents and warrants that has full power and authority under the entity's governing documents to execute and deliver this Agreement in the name of and on behalf of the company and to cause the entity to perform its obligations under this Agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date first set forth above. CITY OF DUBLIN: DEVELOPER: Mayor Chang Su-O-Un (also known as Jennifer Lin) ATTEST: Hong Lien Un (also known as Frederich or Frederic Un) City Clerk Approved as to Form: Hong Yao Lin (also known as Kevin Un) City Attorney Approved as to Form: Martin W. Inderbitzen Attorney for Lin Family AGREEMENT REGARDING PROPOSED COMMUNITY PARK IN DUBLIN RANCH 720956.9 Page 10 March 15, 2005 1211b 1'"1- EXHIBIT A Legal Description of the Property Real property in the City of Dublin, County of Alameda, State of California, described as follows: Parcels 7, 8, 11, 13, 14 and 17 as shown on the Final Map ofTract 7281, filed September 3, 2004, Map Book 277, Pages 82 to 85 inclusive, Alameda County Records. EXBIBITÅ to +he AJr-ee~ EXHIBIT B Map of Parksite and Surroundings ¡"3ðb 'j..~ mIBIT ~ t () 'f./.e /!y rt! e m(YI 'f- , ~;¡!;i!iI!i ilÞ ]Uft~- i~!I!"d~ , ~~~~~!I·~I '::"'<:;&!¡:¡.r ~:hh.îl~ " -->o<~ ¡!! Min~~ I .,¡¡~r !!" = e :"2 '\~iL~ ~ !h ;~~ êª ;¡-3!1"~h ~ - )__ ):a '~¡¡i.¡he' ~ '''"''''' ...1:- l"",... II¡da~J1i~ -~[~¡,~- ~J~:~~~ ~ ~..¡. i;j!i¡!!i;, ~ 'I~ t! I!. ~~ i~ 'th¡hþ· ;: ~~iil~l~¡! ¡~ !!!h¡~'!i~ - . - ::1:" 1.__._. ii~~g~æ~; ~ !. --. ~~dM.~h pA.f!,CSI.. UJ a~ '01" ~ -. :¡e~' ~ ~ . !i~=! if~~b ~ <; ~ ï ' g ~ b .' ~ "',.. a j; ~:;¡: a ~ § . U (iJ;<i<i:;;,lJ/¡ , i;: I ~ ~ ~ ~" ~ s! :d !tl O-~N ~... ~ .. ~Iø S~ ~ I ~ ~:'''''''__J,- I. ~ :'~ ~ ~ ~ ~ ~ ~i~l~~ l¡gX'-~'~; i ( !!~ ~~ I C~. .~!!!I-'i~gii', !"P;I,~ f). ~ t ~" i' ~ a.h ! - S' i;; ..' I 15 t'>- ~ ~ a II <01 Ii!' ¡:; l ,.......... ; ~ (lÕIL'I ¡IS ~ ~ ...: ~ ~8 ... ~ :f ...... i þ: N : ~ ~ ~ ~;.! P I "']' '-,..1...""..--,..;; ~¡¡ ~ ~ ~.~". â ¡ , ~,~::J'1ff;r=T-_m"---: ;~ ¡~ ¡. I ¡ i~ ~ ; l . ,,~~" ¡,Iii: I':~'!'S~'!~I~¡ ~~~1~ Ii": I g,d~UHh:i'i¡t' ~ ~~ . , ' -. " , .." .. ~[¡ : ! Ii: J. ~ ¡¡c J¡./¡ G: a- ¡; EXHIBIT B Map of Parksite arid Surroundings , ~ ~ § ¡¡ ~ ~. ~ II ¡¡ ~'I~ ~ § g ¡:~ ~ I! ,~ P ~J § ¡ ~t~~ ~ l~iiU! B~~iU~ I ,!f!!i - ::!;:¡'" '" ::¡ '" if .~~ ~o¡ §. ! ., ~ ! I ! . ~ i ~ ~ d ! 1M; ~"'~Nj:lZ § ~ ~1~iiSð.i.f~ j'!si 1!!~8i~JI§ il~~1l ~hl~i~~ª¡j I~e¡~, :~M!~HU¡B~nanhni I)iiò:h!! ;;:gg"8i;;~æ:,:g.I' .,'" ..1dgE~hU~~~III'I:e ~~~ II!'! t:......., =:! 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Ii\\\!!....,~ .I. ~3 þ:ìi' \ ; t\ \_~~~\rr'l ;~~ ~~ i~ ¡ ~. '""\"1 \ \ "-"-¡.....1.' ... ~ ~E.... lr~ ! ~ -r~~;'~.::'I'~~ ~!~ .. ¡j '¡" .1; ä ""i.,1 ¡ ~~j ~_ ~ iil~ t \iIL.~""-~~· P.< ~i'-frr - I :~~;~~n €¡ii~i'l ~lii ~. IN;"\1.·,~t §;_"'~r:,~e~ ~~3'~ ! :..__J C~.'I ~.!. '. :§!"1I!=g~ e I e -~__' 't:':.-_ J [11:"1.\>" .. ~ ,.J i~ka-~P1ID'~--~'il' Q-BJ..rTON ..S-n'-'!i;'&'r ... .. ; ,.....I~J'r"""l\\;~'l1·'(\':" ~ ~ is) ....¡¡ 'f'-'.!Ir 'J'l,..¡¡ij_. . _, II-:":~ t!;j'':,'I~ ~, t / /¡i,B~-i,~'~', ii¡h " '. L. " ~ _~ -'- ';""""1 ! o!i :;~?"+.b, f¡~, ~ ~ ,ø y~\ ~I"'... j!/¡ ,»\;:-~~~\! Bi~i ~ ~ ~ '\XO~--;'1/'~' ~ i!~ ~"à'" / i ~ !j". ~ t; --111'-' ~a ~ ~i; ! B~ ~.:·~~I S1 ~I .,. ?~ : :.~ \:;::-~~i~ ~: ~~ ~t~ ' ~~-{ l~tJ'".~ .', ~¡Z~ ~! ~I~ I :. P-H-J:iL "~. ~I ~i"1 '11 ,~ i~Li ' ; 1'~'1~~1_~~\'g.1~ " ¡ ~j~1 i ~IA ~1~~iEI: L~I,..¡......rì1\-< \ -_ ,_.::~-:"::-:"':~' --.1'" '~!;!~l! I ;~¡;;,çZii,IrnÇ~·~..t;:¡~I.I.' ¡rr¡T~,~'iI'C~!Ii i ....~_~~_;:;ij¡CtJ.~\ '~~-~''''\''''''''''1....dTTL...,..~~~I~~...=3 ¡¡:¡:I !,.&.:!.i ''wi~-~f~ iJj.-tr~~1'~;...,.....,__T--~_ I I.... ~~ ",,___~~r,::,';;.~'J r.~ r\f V1I~' .Y¡1J.'-1"'-I1!4~ r1-" , I .....__.~ _ , ~ ~I ¿~~ ~ C" L" I r. . . ~ i ~ " .& i §i£ II I "fOb ¡~ Ii; - ~ æ ~. dl . " I~ ¡. ~ h E S!Î i~r: ,; '~; - .. ;, ~I ¡ ~ it~" ~ j.--J- , -/ "'__ e ,'::1" è"-- /"',< "..-:~! 5tV¡~' Exhibit C Legal Description of Parcel 7 Real property in the City of Dublin, County of Alameda, State of California, described as follows: Parcels 7 as shown on the Final Map of Tract 7281, filed September 3, 2004, Map Book 277, Pages 82 to 85 inclusive, Alameda County Records. mIBlT C. -b -tAe ASreente.n"i ,L--1 .\- ...,,,. '.óJ'< ,.' 1,1 '\ il,: .- . -,' , -ë~~:,.r-- ! ~"/ ..',/ ./:/ /,1 '" .', , .',1 _·il - , --.."./ ..,.~.-- .' . ,~-j/ ....~,-',...,,-- - . .. ·''''n ....,...... -'. '., ." -- .~,~..,. '.': - -_._~.;-,---~-~,-~ ".. .--,...:,~- IÎ 1ft¡ 1.. '1 EXHIBIT D Bulk Grading Plan EXHIBIT J) . to tk 1Jre. e t?t e Yl i- )-::o/-~~;;'-'''<'>''! "<~-(*,r--;\. -'" ~~:--jl/I/I:¡i!7þ" \ \'"..:tj.I._:'¡'; "Ii....\--..\ -.:Iìši ?i.¿;;/ '---~-'.:.'£.):¡."" "QÞb'-';¿:C:) --<It/, 11// i ; r '\ 0"'"-',_.... '),jf:-' ' '\ ,J 0 ~ ~' '::;/ ',i'1Á" 0"_ F)<"è>\-.k:.¡¡'''< /,' 'lIej.I/·!:·' .. \ .--,.. --"t,')~j,! f-c.. II!' --~ \ !,í! I~i¡ ~:J'-' ~.' ~SÞj;.;-:..!~_ }llì-l1 ' /~ '/< il' '/-l'J¡- ~ ZOI·I~: ~:. ( / .... ,~ ~ 1 ----=- r-"""= /1 \ \ \ ;' ~ \)Ö / / I 0>\ \ ..........-d.. ~" ....-- J ¡ X ...J . \,~ f~fth? I I ~'~:~:\ -"'':;';;¡Iø?r{--' i ' ::"1 I i ¡ :. w ~ 1 -.,.\ / <>.: . \j' ..··~,·,:.-·~~I ( ....../ <:::.~::"j,,~(1:- /t. / 1',1 If [ )-~";;;,.~\ ~\'-<:>'~¡-\\\'-'v/) i'j=)'>::Þ.~~C;<~i!.S;.~?!;.~= ::, .>.<j /.·.·./~I//I·/·-.Ij/ 4·'f . 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J U ~I~ I' ~i 0: ~i EB z >-< rn -< ~ Eo- Z ¡;.;¡ ~ >-< ~ ¡;.;¡ UJ .;¡s~ z ¡;.;¡ Eo- -< P:< C-' ;j o ~ Z -< ~ N o..~nlO LL -:>~~~ ~ "Oì<m.'. ... ~ !5¡;J¡'j. ~ ~ 0::: e o « W... I- a.. a:¡g ~ m Z .~~ :r: g _I;~~ f X ....J::IIIIII m .g w « .~!iª LL E~~~¡j' I W i2 ~ ð '" '" o '" "- ~ --' ~ w " w w '" ,....:¡ '< Eo- ¡;.;¡ ¡:::¡ Z >-< -<c tV 'í ....., ¡:::¡ - (f) z ;¡ '" OJ :;\ '" '" o e- "' 51 "- w "- 0 --' '" "' 0 e- O< g fíJ '" w -< 0< ¡s ¡O '" i .. ~ ~ p..~ o ...:I rn ~ o ~ U > "- ~S3D' -';JN3~: " '91-:'ID:¡~W. _,_' ] N\I1d~d· ~(D¡,\). IIY" _ ,nd-]I'I ~1'I1!!3\~~-.\1.I-l9~11\6¡:I. jOONù!I:) :~" ' dw :.H)!l·',", ~~IjI\d.J '.;¡: q;'j 'l.I-pDJ d U!lIlDj\aj~ 't; _ !ìOOl :lH)tl-l\1n-d" I~!!~. 1i11!S '>IJD W!I!jIl. - ~lI lI1n~~~ f¡¡;.þ'/If' t{}LDID ll-OdOi 3ñ EXHIBIT E Diagram of Fallon Road Improvements 2.0Cib2 ~ EXHIBIT ~ -1:0 -t~ 17~y)1~ A:-~ \ -"~/l:- -- it '" - .,../~ '-;',:':~:'.-:-' - ///-i~'~" -, , -~- , I' -- '_:_~ t: -"~-_/--¡¡'c",;< _.__..-..~ ......~.._..~..... .~.._.- .-'~ ..-- ·'·C ..'1;,,1 -............___~_.tt-__~___............_ "-" -.... --~- /~"- ~- / ~~' ", w :¡ ~ ~ / z /'¡....: W I z ~ ~ 1----- , , " ¡¡¡ i!i -dw ~ ;~~gi ¡¡""'co'" ~I:!¡""'G.I!! ~¡¡;~..'-' ~~~~~ Q..-<!:-<:[:J~ !~:,"'Üi !:ju! >-' :;]z " ~ ---. " , ::I " ~ _ ...L. " 'j.' ,. <' -'-. --\ --.. ~.----..:>,\ ::"\~ --..... \ . "'-. ..... \ '" "'.,. "- ...........~.:."" ~ ",.." k,~·~lO.'IJ-....N'oIql"'.\t.IV"P\l¡_£¡~~II~,¡;~~~~ ""'ll:& - ~oo~ 'u "":I :>;>:~ L~~~n EXHIBIT F Memorandum of Agreement Regarding Proposed . Community Park in Dublin Ranch 27..Ø/) 21.{ EXHIBIT L -6ö -lj,,1!' 11~ e-JI- 2.¿~ ?f RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's use MEMORANDUM OF AGREEMENT REGARDING PROPOSED COMMUNITY PARK IN DUBLIN RANCH This Memorandum of Agreement Regarding Proposed Community Park in Dublin Ranch (this "Memorandum") on this _ day of _' 200,., ùy and between the City of Dublin, a Municipal Corporation (hereafter "City") and Chang Su-O-Un (also known as Jennifer Un), Hong Uen Un (also known as Frederic or Frederich Un) and Hong Yao Un (also known as Kevin Un), (hereinafter "Developer"). City and Developer are, from time-to-time, individually referred to in this Agreement as a "Party," and are collectively referred to as "Parties." 1. Pursuant to the Agreement Regarding Proposed Community Park in Dublin Ranch dated as of June 17, 2004 by and between City and Developer (the "Agreement"), the Parties have set forth their respective obligations with respect to a proposed community park to be developed by City on lands presently owned by Developer. Among other things, the Agreement requires Developer to convey certain property to City for the development of the community park and to complete certain associated public and private improvements adjacent to the proposed community park. In addition, the Agreement notifies the future purchaser of Parcel 7 of Tract Map 7281 ("Parcel 7") that the City will, consistent with Developer's intentions, impose conditions of approval of development of Parcel 7 that would require it to construct and maintain certain offsite improvements. The Agreement further requires that Developer require any further purchaser of Parcel 7 to enter into an agreement, prior to conveying the Parcel 7, with the City that provides that the purchaser will not oppose the City's imposition of such conditions of future land-use approvals for Parcel 7. 2. Developer and City have executed and recorded this instrument to give notice of the Agreement, and the respective rights and obligations of Developer MEMORANDUM OF AGREEMENT REGARDING PROPOSED COMMUNITY PARK IN DUBLIN RANCH 720956.9 Page 1 £~hihif (j '"2.4Db 21 and City. The unrecorded Agreement Regarding Proposed Community Park in Dublin Ranch is incorporated by reference in its entirety in this Memorandum. 3. This Memorandum and the Option Agreement shall bind and inure to the benefit of the parties and their respective heirs, successors and assigns, subject however to restrictions set forth in the Agreement regarding assignment. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date first set forth above. CITY OF DUBLIN: DEVELOPER: Chang Su-O-Un (also known as Jennifer Un) Mayor ATTEST: City Clerk Hong Uen Un (also known as Frederich or Frederic Un) Approved as to Form: Hong Yao Un (also known as Kevin Un) City Attorney Approved as to Form: Martin W. Inderbitzen Attorney for Un Family MEMORANDUM OF AGREEMENT REGARDING PROPOSED COMMUNITY PARK IN DUBLIN RANCH 720958.9 Page 2 March 15. 2005 ,I ........... ....""". ~"'I"" .......-..'.' ~ ,.... Exhibit D Bulk Grading Plan Diagram of Fallon Road Improvements and Location of Remnant Parcel Exhibit E Memorandum of Agreement Regarding Proposed Community Pari< in Dublin Ranch m_ Waivers. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of City and the Developer. I;;xhibit F n. Legal Authority. Each individual executing this Agreement on behalf of Developer hereby represents and warrants that nas full power and authority under the entity's governing documents to execute and deliver thi:¡; Agreement in the name of and on behalf of the company and to cause the entity to perform its obligations under this Agreement IN WITNESS WHEREOF, the parties have executed this Memorandum a:¡; of the date first set forth above, CITY OF DUBLIN: DEVI;;LOPER: ~ t..- '~ ,-~ ~ ~ <) :;;! ~ ~ ~ -- ~ ~ - --' ð - u-O·Un own as Jennifer Un) ric Lin) Approved as to Form: ~~ / .." Martin W n~~-rbiti- Attorney for Un F am ily ~ AGREEMENT REGARDING PROPOSED COMMUNITY PARK IN DUBLIN RANCH r20956.¡¡¡ page 10 March 15, 2005 11 Mar 05 08:38p chen*lin "-"-1:>11 <'-II'" p..:: -c-..,..~.,....,...~ _. and City. The unrecorded Agreement Regarding Proposed Community Park in Dublin Ranch is incorporated by reference in its entirety in this Memorandum. 3. This Memorandum and the Option Agreement shall bind and inure to the benefit of the parties and their respective heirs, successors and assigns, subject however to restrictions set forth in the Agreement regarding assignment. IN WITNESS WHEREOF, the parties have executf!d this Memorandum as of the date first set forth above. CITY OF DUBLIN: DEVELOPER: Mayor ~~~ ~<- -n /~./ Chang -O-Un (also k wn as Jennifer Un) ATTEST: ,.....-~) City Clerk Un} Approved as to Form: ---... City Attorney in Un} Approved zs to Form: /"7~~ Martin W. In erbitze Attorney for Un Family -.., MEMORANDUM OF AGREEMENT REGARDING PROPOSEO COMMUNITY PARK IN DUBLIN RANCH ~:20956, 9 Page 2 Marcl115, 2005