1 Summary Table of Development Agreement Key Terms
Middlefield Park Master Plan
DA Topic Included in DA Details
TERM
• Initial Term – 12 Years
• Extended Term – 8 Years
• Total: 20 Years
To obtain the Extended Term,
applicant must deliver on the
following performance milestones:
• Maintain minimum City Code
requirements;
• Deliver 2.4 acres of
“development ready” land for
affordable housing;
• Construct to occupancy Phase 1
residential market-rate units
(approx. 850 units, 50% of units);
• Pay $1.5 million in “People
Centric Funds” – $0.5 million 90
days after effective date and $1
million at first office building
permit;
• Construct to occupancy 14,000
sq. ft. of subsidized ground-floor
commercial space for Small
Business Program (2/3rds of
required space)
• Expend 50% of the support funds
for the Small Business Program
TERM EXTENSION
• Extension - 2 years
(cumulative)
• Maximum total with
extension: 22 Years
• Extensions can only be granted in
accordance with “Force Majeure”
(e.g. unusually severe weather,
earthquake, a new pandemic,
etc.)
• Extension could be applied to
Initial Term, Extended Term or a
combination of both
AGREEMENT
EFFECTIVE DATE
• 30 days after Ordinance
is effective OR
by Year 3 after
Ordinance is effective if
litigation occurs
IMPACT FEES
• Initial Term – Fees locked
in with annual
escalation;
• Annual fee escalation is the same
as in City budget (e.g. Consumer
Attachment 17
2 DA Topic Included in DA Details
• Extended Term – New or
increased fees apply to
net new office; not to
remaining residential or
rebuilt office. Subject to
$11 million credit
(amount of Public
Benefits) applicant can
apply against
new/increased fees.
• Fee Waiver - All impact
fees are waived
(excluding the Housing
Impact Fee) for a Grocer
tenant should they
locate in the project
Price Index, Construction Cost
Index, etc.)
• Applicant is paying the new East
Whisman Precise Plan
Development Impact Fee
PUBLIC BENEFITS
$11 Million total to City
includes:
• $1 million in People
Centric Funds;
• $1 Million in Public Art in
Ellis Park POPA Open
Space;
• $9 Million toward
amenities in Maude Park;
• Provided by applicant as part of
the DA, separate from required
project Community Benefits per
East Whisman Precise Plan or
other City Code requirements
Additional benefits include:
• $250,000 Bridge
Feasibility Study;
• City use of Ellis Plaza up
to 5x annually at no
rental cost;
• City use of Ellis
Community Pavilion
building up to 12x per
year at no rental cost;
• 40 parking spaces to be
shared in the project for
Maude Park visitors at no
cost;
• Agreed to make good
efforts to obtain a Use-
3 DA Topic Included in DA Details
Tax Point-of-Sale Permit
for the project site
PROJECT PHASING
• At discretion of applicant,
but must maintain
compliance with City
regulations (e.g. Park
Land Ordinance, Jobs-
Housing Linkage Program,
etc)
• Applicant can’t occupy office
buildings until associated
residential units (as part of Jobs-
Housing Linkage) have been
constructed and obtained
occupancy;
• Park land phasing will require
Letter of Credit to be
issued/reissued annually to City
until land is dedicated;
• Applicant will provide Letter of
Credit for POPA Open Space to
be retained by City until
construction is completed
MAUDE PARK
FUNDING AND
INVOLVEMENT
$9 Million funding is to be
provided to City as:
• 22% of funding to City for
design contract for
Maude Park (approx. $2
million);
• 78% of funding to City for
construction contract for
Maude Park (approx. $7
million)
• Developer will participate
in City’s standard park
design and construction
process for Maude Park
• Applicant is to notify City of
intent to deliver Maude Park
land 2 years prior to delivery;
• City will assign a Project
Manager for Maude Park after
notification (Public Works Dept);
• City will prioritize the design and
construction of Maude Park in
the City’s park pipeline;
• Applicant will be involved in the
park design process (see Table
G2, Exhibit G of DA);
• If City needs assistance with
funding or constructing the park
(after a Council-approved park
design), then City can approach
Google to assist (with City
paying funds back over time).
SUBSEQUENT
PERMITS/APPRVOALS
• Applicant must obtain
subsequent permits from
City and other oversight
agencies to build in the
Master Plan;
• Zoning permits will be
valid for 4 years; if no
• City must approve subsequent
permits consistent with Master
Plan, Precise Plan, City Codes,
and Current Laws;
• Applicant must enter into a
Master Encroachment
Agreement with City to
encroach in the public right-of-
4 DA Topic Included in DA Details
building permits are
issued or construction
commences in that time,
then applicant must
reapply for zoning permit.
way and on public land if it
pursues a private district utility
system;
• Applicant will be required to
comply with any future changes
in City Code related to
landscaping (tree) palette
requirements and lighting
standards that may be come
from City’s biodiversity strategy
AMENDMENTS TO
AGREEMENT
• Operating Memorandum
– for minor, non-material
clarifying corrections or
refinements;
• Amendment to
Agreement – for material
changes to DA
• Operating Memorandums
executed by Community
Development Director and City
Attorney;
• Amendment to Agreement
requires City Council approval by
ordinance.
OTHER
ITEMS/INFORMATION
• Staffing and Processing
Agreement;
• Temporary Overlap in
Office Building
Occupancies
• Applicant is proposing a staffing
and processing agreement to
fund staffing resources to
coincide with subsequent
permits required to implement
the Middlefield Park Master
Plan. Once the agreement is
drafted, City staff will return for
Council consideration on the
agreement;
• Applicant may need to retain old
office building(s) for employee
use, while new office building(s)
is being constructed to allow for
employees to transfer from one
building to the other
(approximately 90 day overlap)