Agenda — Pittsburg City Council, May 1, 2023 (part 3 of 3)

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12 3.08 Regional Traffic Fee. Developer shall pay the ECCRFA regional traffic fee should it be imposed by the City in an amount equal to or less than the amount paid by projects in the Cities of Antioch, Brentwood, and Oakley or in accordance with the existing valid Memorandum of Understanding dated June 29, 2010, as amended, whichever is less.

Not Applicable (at this
time)
13 3.09 Fees, Assessment and/or Taxes to be Paid by Developer. Developer agrees to pay its fair share of any levies imposed by any assessment district, geologic hazard abatement district, landscaping and lighting district, community facilities district, tax-exempt financing mechanisms or other funding mechanisms related to public safety; traffic; sewer; water; fire; the prevention, mitigation, abatement, or control of geological hazards; or other infrastructure improvements (including, without limitation, design, acquisition, construction and maintenance cost) within the Project Site, provided that such Funding Mechanism is referenced herein or was legally created pursuant to applicable law.

Not Applicable (at this
time)
14 3.10. Affordable Housing. Developer shall comply with PMC 18.86.080 and VTM Condition of Approval No. 12 by constructing 42 rental accessory dwelling units within the Project. A covenant shall be recorded limiting the amount of rent that may be charged for these accessory dwelling units, consistent with the terms and conditions set forth in the affordable housing agreement. Prior to the City's issuance of the first certificate of occupancy Developer agrees to enter into an affordable housing agreement with the City... attached as Affordable Housing Agreement... which further memorializes the provisions of this Section 3.10 and is consistent with applicable law, including PMC

18.50. Developer agrees that the accessory dwelling units referenced in this section shall not be built or otherwise allowed on adjoining lots without the prior written approval of the City Manager. City agrees that Developer shall not be required to pay any additional City fees associated with the ADUs except for those fees the City is required to charge by the State or other governmental entities with jurisdiction over the Project. (a) Timing. (b) Inclusionary Housing Ordinance.

Not Applicable (at this
time)
15 3.11 Security Improvements. (a) Developer shall pay to the City the actual cost incurred by City (=<$60000) towards funding the acquisition and installation of security camera(s) at 2 intersections identified by the City. The security Cameras will be installed under supervision of City's Police Chief. Developer shall pay such costs within 30 days of receipt of invoice. (b) Developer shall install the basic home security wiring in the Project homes (first floor windows and doors). Shall offer 1 year of professional monitoring service to new homeowners. The monitoring service shall be at the election of the new homeowner.

Not Applicable (at this
time)
16 3.12 Solar Roof System. Developer shall install a solar roof system on on of its model homes for example purposes only and offer solar installation as an option at the homeowner's expense.

Not Applicable (at this
time)
17 3.13 Construction of James Donlon Expressway within the Limits of the Project Site.

Developer shall construct a portion of the James Donlon Expressway in accordance with VTM Condition of Approval No. 59 and MM-H7. Should the median and inside lanes not be installed at the time Developer constructs its required improvement, then Developer shall grade the median and inside lanes and receive credits for such work from City if such credits are not provided by East Contra Costa Regional Fee & Finance Authority.

Not Applicable (at this
time)
18 3.14 In Lieu Fees or Dedication of Park Site. At the written discretion of the City Manager, Developer shall pay an in lieu park fee, or dedicate park land, or perform a combination of both, equivalent to 7.18 acres as required by the project approval. The dedicated Park Site shall be rough graded in accordance with City specifications with no more than a 3% slope, adjacent curb, gutter, sidewalk and utility stubs shall have been installed by Developer and the Park Site shall be free and clear of all liens, bonds, taxes, assessments, and other charges, which costs shall be assumed by Developer. Developer agrees to make its offer of dedication of the Park Site to City at the same time it constructs the phase of the project in which the Park Site is located. City agrees that it shall accept the offer of dedication of the Park Site within 180 days of Developer's offer of dedication o the Park site, provided that (a) the park is in compliance with the requirements of this Section (ii) all necessary actions have been completed to include the Park Site within a new or existing lighting or landscaping district (see 5.05).

Not Applicable (at this
time)
19 3.15 Park Improvements. Prior to the offer of dedication of the Park Site pursuant to Section

3.14 above, Developer shall install park improvements identified by the City at a cost not to exceed $250,000 not including frontage improvements. This amount shall be increased annually by the CPI for the SF-Oakland area with the first increase implemented in January 2018 reflecting 2017. Such costs shall not be credited against Developer's park obligations set forth in Section 3.14 above.

Not Applicable (at this
time)
20 3.16 Electric Vehicle Charge. Developer shall install, in the garage of each home, conduit from the electric panel in order for homeowners, at their election and cost, to install an electric vehicle charging system.

Not Applicable (at this
time)
21 Article IV: Obligations of City
22 4.01 Obligations of City Generally. The parties acknowledge and agree that Developer's agreement to perform and abide by its covenants and obligations set forth in this Agreement, including Developer's decision to process the siting of the Project in the City, is a material consideration for City's agreement to perform and abide by the long term covenants and obligations of City as set forth herein.

Compliant
23 4.02 Availability of Public Services.
24 a General. To the extend permitted by law and consistent with its authority, City shall reserve such capacity for water services as may be necessary to serve the Project. This reservation of water infrastructure capacity shall be assured for the Term to the extent consistent with applicable law.

Not Applicable (at this
time)

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25 b Construction Water. City shall make construction water available to the Project by permitting the Project to hook up to existing City water supply infrastructure at a location reasonable determined by the City, at Developer's cost and on those terms and conditions and charges customarily applied by City to similar project consistent with City standards. City shall also permit Developer to install such temporary construction water pipelines and related infrastructure as reasonably necessary to provide construction water to the Project site for Developer's use in any and all Project grading and construction operations as long as such water is unrelated to potable use.

Not Applicable (at this
time)
26 4.03 Developer's Right to Rebuild. City agrees that Developer, in Developer sole's discretion may renovate or rebuild the Project within the Term of this Agreement should it become necessary due to natural disaster, change in seismic requirements, acts of God, acts of terrorism, or damage to work in progress by reason of fire, floods, or other casualties.

Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement and shall comply with the Project Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA and this agreement.

Compliant to date. There has been no need to exercise this provision of the agreement.
27 4.04 Reimbursement of Infrastructure Costs
28 a Reimbursement. Unless otherwise provided for herein, to the extent Developer incurs costs related to the planning and construction of traffic infrastructure, water delivery infrastructure, the off-site water tank, pump station, sewer infrastructure or other public infrastructure required by City or this Agreement for the Project that exceed the Project's fair share obligation for such infrastructure, City shall reimburse Developer for the City's portion of such costs (including any management fees provided for in this Agreement), subject to the City's prior verification through inspection of the construction that is subject to such reimbursement and upon final acceptance of the infrastructure by the City. This reimbursement shall be paid within 60 days after the City's final acceptance or at such other time as mutually agreed upon in writing by the parties. Developer shall be entitled to a management fee of 5% for City's share of approved infrastructure costs, including but not limited to design and special inspection costs. The management obligations of the Developer hereunder shall include contracting and managing the construction of the infrastructure , retaining copies of records, photographs and as builts for the improvements as well as attending meetings and providing necessary reports as reasonably requested by City.

Compliant There has been no need to exercise this
provision of the agreement.
29 b City’s Authorization of Reimbursement. Notwithstanding any other provision of this Section, or of this Agreement, or of VTM provisions, City shall not be responsible to reimburse or credit Developer for any costs, including as referenced in Section 4.04(a) herein, unless prior to Developer incurring any costs for which Developer will request reimbursement from City, Developer shall first provide written documentation as to the work to be performed, the estimated costs thereof, including a not-to-exceed cap, and such other details as reasonably requested by the City Manager and the City Manager approves the proposed costs and related work. If the City Manager fails to respond within thirty (30) days of its receipt of such estimated costs, Developer shall provide a second written notice to the City Manager and to the City Engineer, if neither responds within thirty (30) days of the City’s receipt of the second request, the request shall be deemed approved. The City Manager shall have the discretion to require Developer to obtain competitive bids on any work for which Developer may request reimbursement or credit from the City where the total cost (not just the City’s share) of that work is One Hundred Thousand Dollars ($100,000) or more. City shall also have the opportunity to inspect any and all infrastructure during its construction, as well as to review any work product for which Developer requests reimbursement or credits. If mutually agreed by the parties in writing, any reimbursement due Developer pursuant to this Agreement may be satisfied by City in the form of credits, which can actually be used by Developer to offset Developer’s payment of any Applicable Fees. In the event there are not enough credits to fully satisfy the reimbursement due Developer and subject to the terms of the mutual agreement between the parties referenced in the prior sentence, City shall reimburse Developer within thirty (30) days of invoicing.

Compliant There has been no need to exercise this
provision of the agreement.
30 4.05 Park Fee Credit. Developer and City agree that the park in-lieu fee amount will be Nine and 40/100ths dollars ($9.40) per square foot (unless City adopts a lower fee in which case the lower fee shall apply), increased annually by the CPI for the SF-Oakland area, with the first increase implemented in January 2017 reflecting 2016 increases. The timing of the payment of th epark in lieu fee shall be satisfied as set forth in Section 3.14 above.

See Comments/Action
Items
As of December 31, 2022, the Developer
has not submitted applications for
engineering or building permits for the
project. The City shall seek performance of
Developer's obligations prior to or as part
of project development.
31 Article V: Cooperation--
Implementation
32 5.01 Processing Application for Subsequent Approvals. The parties agree that all Subsequent Approvals shall be processed by City in a manner consistent with the following provisions:

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33 a Standard of Review. By adopting the Project Approvals, City has made a final policy decision that the Project is in the best interests of the public health, safety and general welfare. Accordingly, City shall not use its discretionary decisions reflected by the Project Approvals or otherwise prevent or delay development of the Project as set forth in the Project Approvals. Instead the Subsequent Approvals shall be deemed tools to implement those final policy decisions and shall be issued by City so long as they comply with this Agreement and Applicable Law, as defined below, and are not Inconsistent with the Project Approvals as set forth above, and meet the intent and comply with any City adopted Design Guidelines, as applicable. To the extent permitted by law, City shall not use its discretionary authority in considering these Subsequent Approvals applications to revisit or frustrate the policy decisions or material terms reflected by the Project Approvals. Developer agrees that development under this Agreement shall comply with provisions reflected in Uniform Codes which may be adopted subsequent to the Effective Date of the Agreement.

Compliant to date.
34 b Basis for Denial. City may deny an application for a Subsequent Approval only if such application does not comply with this Agreement or Applicable Law, defined below, or does not substantially comply with the Project Approvals (provided, however, that inconsistency with the Project Approvals shall not constitute grounds for denial of a Subsequent Approval which is requested by Developer as an amendment to that Project Approval). City may approve an application for such a Subsequent Approval subject to any conditions necessary to bring the Subsequent Approval into compliance with this Agreement or Applicable Law, or as is necessary to make this Subsequent Approval consistent with Project Approvals. If City denies any application for a Subsequent Approval, City shall specify in writing the reasons for such denial and may suggest a modification which would be approved by City.

Compliant to date. There has been no need to exercise this provision of the agreement.
35 5.02 Timely Submittals by Developer. Developer acknowledges that City cannot expedite processing of the Subsequent Approvals until Developer submits complete applications on a timely basis. Developer shall use its best efforts to 1) provide to city in a timely manner any and all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder; and b) cause Developer's planners, engineers, and all other consultants to provide to City in a timely manner all such documents, applications, plans and other necessary materials as set forth in the Applicable Law. It is the express intent of Developer and City to cooperate and diligently work to obtain any and all Subsequent Approvals consistent with this Agreement.

Compliant to date. There has been no need to exercise this provision of the agreement.
36 5.03 Timely Processing by City. Upon submission by Developer of all appropriate applications and processing fees for any Subsequent Approval, City shall promptly and diligently commence and complete all steps necessary to act on the Subsequent Approval applications including, without limitation, a) providing at Developer's expense and subject to Developer's request and prior written approval, reasonable overtime staff assistance and/or staff consultants for planning and processing of each Subsequent Approval application; b) if legally required, providing notice and holding public hearings; and c) acting on any such Subsequent Approval application. If Developer elects to request and approve the use of overtime staff assistance or staff consultants for planning and processing of any Subsequent Approval pursuant to this Section. Developer's reimbursement to City for such services shall be made in amount equal to City's actual costs of providing such services, in accordance with standard City practice.

Compliant to date. Developer has not submitted any
applications for subsequent approvals for
the project.
37 5.04 Other Government Permits. At Developer's sole discretion and in accordance with Developer's construction schedule, Developer shall apply for such other permits and approvals as may be required by other governmental or quasi-governmental entities in connection with the development of, or the provision of services to, the Project. City shall cooperate with Developer in its efforts to timely obtain such permits and approvals and shall, from time to time, at the request of Developer, use its best efforts to ensure timely availability of such permits and approvals. City shall cooperate with Developer to obtain any and all approvals from Contra Costa County related to the construction or operation of the Drainage Improvements. City shall also cooperate with Developer, CCWD, and Bureau of reclamation in all matters related to CCWD's application to the Bureau to expand the place of use of Central Valley Project water to include the Project Site.

Compliant to date. As of December 31, 2022, the Developer has not submitted applications for
engineering or building permits for the
project.
38 5.05 Lighting and Landscaping District, Park Maintenance. 39 a Developer agrees that the Project Site will be annexed into City's existing Lighting and Landscaping District, as established pursuant to City Reso No. 88-7324 as well as City's Community Facilities District 2007-1 for park maintenance, City's Community Facilities District for the maintenance of C.3 facilities as, to the extent permitted by law, that the Project shall be assessed in a manner consistent with the provisions herein.

Not Applicable (at this
time)
40 b Developer agrees that the base assessment applies to the Project and is subject to increase, provided any such increase of the base assessment imposed uniformly or similarly situated properties by City in a manner consistent with State law. Developer further agrees that the base assessment shall be levied upon recordation of each of the Project's final maps. The parties agree that the base LLD assessment described herein shall finance, among other things, the maintenance of any and all landscape improvements and the maintenance of parks.

Not Applicable (at this
time)
41 5.06 GHAD. GHAD. Developer agrees to take all steps necessary to either expand the existing Southwest Pittsburg Geologic Hazard Abatement District or to establish a new GHAD, at no cost to the City or to the GHAD, to provide for, among other things, geologic hazard abatement, maintenance of detention basins, grassland maintenance, fire protection, and erosion control within portions of Project Site. Unless otherwise required by law, the parties intend that the Project Site will be assessed by the SW Pittsburg GHAD or a new GHAD upon the respective GHAD's acceptance of the GHAD Area identified in the Project Approvals (which GHAD Area shall include the detention basins).

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42 5.07 Police Services CFD. Developer agrees to take all steps necessary to include the Project Site into the City's existing police services Community Facilities District 2004-1, as adopted pursuant to Reso No. 04-10071 ("The Police Services District") at no cost to the City, in order to provide for police and other emergency services to the Project site. This process shall be completed, to the reasonable satisfaction of the City Manager and the City Attorney, before filing the first final map on the Project. Each legal residential lot located on the Project Site will be required to pay the levy by the Police Services District no earlier than the issuance of a building permit for such lot.

See Comments/Action
Items
As of December 31, 2022, the Developer
has not submitted applications for
engineering or building permits for the
project. The City shall seek performance of
Developer's obligations prior to or as part
of project development.
45 5.10. Assessment Districts or Other Funding Mechanisms. 46 a City understands that City's long term assurances to Developer concerning fee, taxes, and assessments related to Project are a material consideration for Developer agreeing to process the siting of the Project in its present location and to pay the fees, the taxes and assessments described in this Agreement. City shall retain the ability to initiate or process applications for the formation of new assessment districts or other Funding Mechanisms, as defined in Section 3.09 of this agreement, covering all or any portion of the Project site. Notwithstanding the foregoing, Developer retains all its rights to oppose the formation or proposed assessment of any new assessment district, Funding Mechanism, or any and all increases thereto, or to request or pursue assessment credits or reductions, unless otherwise provided for herein or unless such assessment, Funding Mechanism, or related increases are in place and legally effective as of the date of this Agreement's Effective Date.

See Comments/Action
Items
As of December 31, 2022, there has been
no need to exercise the provisions of
Section 5.09.
47 b At the request of Developer, City shall cooperate in the formation of, or annexation to, those assessment districts, geologic hazard abatement district, landscaping and lighting districts, community facilities district, tax-exempt financing mechanisms, or other Funding Mechanisms that Developer and City determine are needed to fund infrastructure improvements and to ensure the orderly development of the Project, at no cost to the City. City shall diligently and expeditiously process applications by Developer necessary to establish such Funding Mechanisms as long as (i) the application complies with law, (ii) is consistent with City's standards, and (iii) provides for a lien to value ratio and other financial terms that are reasonably acceptable to City and which will result in no commitment of City funds. City shall diligently seek to sell any bonds to be issues and secured by such assessments upon the best terms reasonably available in the marketplace. Any and all costs associated with this Section shall be borne and/or advanced by Developer.

Not Applicable (at this
time)
48 5.11 Warranty Bonds. Developer agrees that every infrastructure improvement dedicated to City (except landscaping, unimproved real property, or open space dedications) pursuant to this Agreement shall be accompanied by a one year warranty bond in a form and in an amount, and with a surety acceptable to City or otherwise as determined in the applicable Subdivision Improvement Agreement.

Not Applicable (at this
time)
49 Article VI: Standards, Laws and
Procedures Governing the Project
50 6.01 Vested Right to Develop. Developer shall have a vested right to develop the Project on the Project site in substantial conformance with the terms and conditions of this Agreement, the Project Approvals (as and when issued), the Subsequent Approvals (as and when issued), and amendments thereto as shall, from time to time, be approved pursuant to this Agreement. Nothing in this Section 6.01 shall be deemed to eliminate or diminish the requirement of Developer to obtain any required Subsequent Approvals.

Compliant to date.
51 6.02 Permitted Uses Vested by This Agreement. The permitted uses of the Project Site; the density and intensity of use of the Project Site; the max height, bulk, and size of proposed buildings; provisions for reservation or dedication of land for public purposes and the location of public improvements; the general location of public utilities; and other terms and conditions of development applicable to the Project, shall be as set forth in the Project Approvals and, as and when they are issued (but not in limitation of any right to develop as set forth in the Project Approvals), the Subsequent Approvals.

Compliant to date.
52 6.03 Applicable Law. Applicable Law shall mean the existing rules, regulations, official policies, standards and specifications governing permitted uses of the project site; governing density; and governing design, improvements, and construction standards and specifications applicable to the Project and Project site as set forth in this Agreement and the Project Approval, and in force and effect on the Effective Date of this Agreement.

However, this Agreement and this Section shall not be construed to prevent the City, in any subsequent actions applicable to the Project Site, from applying new rules, regulations, official policies, standards, and specifications existing as of the Effective Date of the Agreement.

Compliant to date.

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53 6.04 Uniform Codes. Notwithstanding any other provision of this Agreement, City may apply to the Project Site, at any time during the Term, the then current Uniform Building Code and other uniform construction codes as properly modified by City and uniformly applied on a citywide basis, and City's then current design and construction standards for road and storm drain facilities. In no event shall any such uniform code or standard be adopted for the purpose of preventing or otherwise limited construction of all or any part of the Project.

Compliant to date.
54 6.05 Moratorium And Conflicting Enactments. To the extent consistent with State Law, if any ordinance, resolution, or other measure in enacted, whether by action of the City, by initiative, referendum, or otherwise, that imposes a building moratorium, a limit on the rate of development, or a voter-approval requirement which would otherwise affect the timely development of the Project on all or any part of the Project Site, City agrees that such ordinance, resolution, or other measure shall not apply to the Project, the Project Site, this Agreement, the Project Approvals, or the Subsequent Approvals, if any, during the term of this Agreement, unless the building moratorium is imposed as part of a declaration of a local emergency or state of emergency as defined in Government Code Section 8558. Developer reserves the right to challenge in court any City action or inaction which Developer believes is in conflict with Applicable Law or this Agreement.

Compliant to date. No moratoria or conflicting enactments were adopted during this review period.
55 6.06 Environmental Mitigation. The parties understand that the EIR for the Project is a project level CEQA document intended to be used in connection with each of the Project Approvals and Subsequent Approvals needed for the Project. Consistent with the CEQA policies and requirements applicable to the EIR, City agrees to use the EIR in connection with the processing of any Subsequent Approval to the extend allowed by law. City agrees not to impose on Developer any mitigation measures or other conditions of approval other than those specifically imposed by the Project Approvals and the Mitigation Monitoring Program described in the FEIR, specifically required by Applicable Law, or as properly required through the design or architecture review process as long as such mitigation measures or other conditions are imposed in a manner consistent with applicable design review guidelines.

Compliant
56 6.07 Life of Subdivision Maps, Development Approvals, and Permits. To the extend consistent with Applicable Law, the term of any subdivision map or any other map, permit, rezoning, or other land use entitlement approved as a Project Approval or a Subsequent Approval shall not include any period of time during which any applicable development moratorium (including, but not limited to, a water or sewer moratorium) or the actions of other public agencies hat regulate land use, development or the provision of services to the land, prevents, prohibits, or delays the construction of the Project. The term of this Agreement and any subdivision map or other Project Approval or Subsequent Approval shall not include any period of time during which any applicable court order or other legal requirement prevents the processing of any Subsequent Approval or any Project development activities.

Compliant Construction of project is scheduled to be
completed prior to the expiration of all
approvals.
57 6.08 State and Federal Law. As provided in California government Code 65869.5, if any state or federal laws or regulations, enacted after this Agreement's Effective Date prevent or preclude compliance with one or more provisions of this Agreement ("Changes in the Law"), such provision of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations as may be necessary to comply with such state or federal laws or regulations as may be necessary to comply with Changes in the Law, and City and Developer shall take such action as may be required pursuant to this Agreement including, without limitation, Article V and Section

10.05. Not in limitation of the foregoing, nothing in this Agreement shall preclude City from imposing on Developer any fee specifically required by State or Federal laws and regulations.

Compliant There has been no need to exercise this
provision of the agreement.
58 6.09 Timing of Project Construction and Completion.
59 a Project Phasing. The Project is expected to be built in phases in response to then- existing market conditions over the Term of the Agreement. Except as otherwise specifically provided by this Agreement with respect to Project infrastructure timing, City and Developer expressly agree that there is no requirement that Developer initiate or complete development of the Project or any particular phase of the Project within any particular time period, and City shall not impose such a requirement on any Project Approval. The parties acknowledge that Developer cannot at this time predict when or the rate at which or the order in which phases will be developed. Such decisions depend upon numerous factors which are not within the control of Developer, such as market demand, interest rates, competition, and other similar factors.

Compliant to date.
60 b The parties agree that the Developer shall be able to develop in accordance with Developer's own time schedule as such schedule may exist from time to time and Developer shall determine which part of the Project Site to develop first and at Developer's chosen schedule. In particular, and not in limitation of any of the foregoing, since the California Supreme Court held in Pardee Construction Co v City of Camarillo, that the failure of the parties therein to consider and expressly provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' desire to avoid that result by acknowledging that Developer shall have the right to develop the Project in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgement. Developer's rights under this Section 6.09b shall be subject to the requirement that adequate infrastructure to service each phase of the Project is constructed concurrently with such phase. the City Manager shall reasonably determine what infrastructure will be required to serve each phase of the Project, which determination shall be consistent with Applicable law.

Compliant to date.
61 c Nothing in this Agreement shall exempt Developer from completing work required by a subdivision agreement, road improvement agreement or similar agreement in accordance with the terms thereof.

Compliant to date.

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62 6.10. Exempting Fees, Mitigation Measures and Similar Requirements Imposed by Outside Agencies. Notwithstanding any other provision of this Agreement, the City agrees to exclude Developer from any and all discretionary collection agreements regarding fees, mitigation measures and similar requirements including, but not limited to, development impact fees, which other public agencies request the City to impose at City's discretion on the Project or on the Project Site after the Effective Date through the Term of this Agreement. This Section shall not prohibit the City from imposing on Developer any fee, mitigation measure, or similar requirement or obligation that is required by a local or regional agency in accordance with local, regional, State, or Federal obligations and implemented by the City in cooperation with such local, regional, state, federal agencies, provided such fee, mitigation measure, or similar requirement or obligation is imposed in a similar manner on similarly situated properties within the City.

Compliant to date.
63 6.11 City's Joint-Inspection Jurisdiction. Developer acknowledges that City has joint inspection jurisdiction within other third-party governmental entities within any and all City rights-of- way and easements.

Compliant to date.
64 Article VII: Amendment
65 7.01 Amendment to Project Approvals, Subsequent Approvals. To the extent permitted by state and federal law, any Project Approval or Subsequent Approval may, from time to time, be amended or modified in the following manner:
66 a Administrative Project Amendments. Upon the written request of Developer for an amendment or modification to a Project Approval or Subsequent Approval, the City Manager or his/her designee shall determine (i) whether the requested amendment or modification is minor when considered in light of the project as a whole; and (ii) whether the requested amendment or modification is consistent with this Agreement, Applicable Law, applicable uniform codes, and State or Federal Law. If the City Manager or his/her designee finds that the proposed amendment or modification is minor in the context of the entire project, consistent with this Agreement and Applicable Law, and will result in no new significant environmental impacts not addressed and mitigated in the EIR, the amendment shall be determined to be an Administrative Project Amendment and the City Manager or his/her designee may, except to the extend otherwise required by law, approve the Administrative Project Amendment without notice and public hearing.

Without limiting the generality of the foregoing, lot line adjustments, reductions in the density, intensity, scale, or scope of the Project, minor alterations in vehicle circulation patterns or vehicle access points, changes in trail alignments, minor variations in lot layout, substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan, variations in the location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the Project, variations in the location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the Project, and minor adjustments to the Project Site diagram or Project Site legal description shall be treated as Administrative Project Amendments.

Not Applicable (at this
time)
67 b Non Administrative Project Amendments. Any request of Developer for an amendment or modification to a Project Approval or Subsequent Approval which is determined not to be an Administrative Project Amendment as set forth above shall be subject to review, consideration and action pursuant to the Applicable Law and this Agreement.

Not Applicable (at this
time)
68 7.02 Amendment of this Agreement. Amendment may be amended from time to time, in whole or in part, by mutual written consent of the parties hereto or their successors in interest, as follows:
69 a Admin Agreement Amendments.The City Manager, or his/her designee, may, except to the extent otherwise required by law enter into certain amendments of this Agreement on behalf of the City as long as any such amendment does not substantially affect (i) the Term of this Agreement, (ii) permitted uses of Project Site, (iii) provisions for the reservation or dedication of land, (iv) conditions, terms, restrictions, or requirements for subsequent discretionary actions, (v) the density or intensity of use of the Project Site or the maximum height or size of proposed buildings or (vi) monetary contributions by Developer, and shall not, except to the extend otherwise required by law, require notice or public hearing before the parties may execute an amendment hereto. For purposes of this Section, the term substantially affect shall be evaluated in context of the entire project.

Not Applicable (at this
time)
70 b Amendment Exemptions. No amendment of a Project Approval or Subsequent Approval, whether done administratively or not, shall require an amendment to this Agreement.

Instead, any such matter automatically shall be deemed to be incorporated into the Project and vested under this Agreement when written and executed by both parties.

Not Applicable (at this
time)
71 c Amendment Limitations. In consideration of the cope of the benefits to City set forth in this Agreement, any amendment to this Agreement shall only be subject to such new terms and conditions including new exactions or other obligations as are reasonably related to the impacts on City directly attributable to such amendment, Not Applicable (at this
time)
72 Article VII: Assignment, Transfer, and
Notice
73 8.01 Assignment of Interests, Rights and Obligations. Developer may transfer or assign all or any portion of its interests, rights, or obligations under this Agreement, the Project Approvals, or Subsequent Approvals to third parties acquiring an interest or estate in the Project or any portion thereof including without limitation, purchasers or ground lessees of lots, parcels, or facilities.

Not Applicable (at this
time)
There has been no need to exercise this
provision of the agreement.
74 8.02 Transfer Agreements.

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75 a In connection with the transfer or assignment by Developer of all or any portion of the Project (other than a transfer or assignment by Developer to an affiliated party, any deed of trust beneficiary or morgagee, or a "Non-Assuming Transferee", Developer and the transferee shall enter into a written agreement regarding the respective interests rights, and obligations under the Agreement, the Project Approvals, or the Subsequent Approvals that pertain to that portion of the Project being transferred or assigned, as described in the Transfer Agreement, provided that the transferee expressly assumes such obligations (ii) transfer to the transferree vested rights to improve that portion of the Project beign transferred and (iii) address ant other matter deemed by developer to be necessary or appropriate in connection with the transfer or assignment.

Not Applicable (at this
time)
There has been no need to exercise this
provision of the agreement.
76 b Any Transfer Agreement shall be binding on Developer, City and the transferee and, unless otherwise provided for in Section 8.03 of this Agreement, shall require the City's prior written consent, which consent shall not be unreasonably withheld. Failure by City to respond within 30 days of a written request by Developer for City's consent shall be deemed City's approval of the Transfer Agreement in question. City may refuse to give its consent only id, in light of the proposed transferee's reputation and financial resources, such transferee would not in City's reasonable determination be able to perform the obligations proposed to be assumed by such transferee. Such determination shall be made by the City Manager and is appealable to the City Council. In no event, however, shall City refuse to give its consent to a proposed transferee pursuant to this Section

8.02b if such transferee has a net worth of at least Ten Million Dollars documented in a manner reasonably acceptable to City. Upon recordation of any Transfer Agreement in the Official Records of Contra Costa County, Developer shall automatically be released from those obligations assumed by the transferee therein.

Not Applicable (at this
time)
There has been no need to exercise this
provision of the agreement.
77 c Developer shall be free from any and all liabilities accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a transferee pursuant to a Transfer Agreement. No breach or default hereunder by any person succeeding to any portion of Developer's obligations under this Agreement shall be attributed to Developer, nor may Developer's rights hereunder be canceled or diminished in any way by any breach or default by any such person.

Not Applicable (at this
time)
There has been no need to exercise this
provision of the agreement.
78 8.03 Non-Assuming Transferees. Except as otherwise required by Developer in Developer's sole discretion, the burdens, obligations and duties of Developer under this Agreement shall terminate with respect to, and neither a Transfer Agreement nor City's consent shall be required in connection with (i) any single residential parcel conveyed to a purchaser, (ii) any property transferred as fewer than 10 lots to a single retail builder, or (iii) any property that has been established as one or more separate legal parcels for office, commercial, open space, park, school, or other nonresidential uses. The transferee in such a transaction and its successors shall be deemed to have no obligations under this Agreement, but shall continue to benefit from the vested rights provided by this Agreement for the duration of the Term. Nothing in this section shall exempt any property transferred to Non-Assuming Transferee from payment of applicable fees and assessments or compliance with applicable conditions of approval.

Not Applicable (at this
time)
There has been no need to exercise this
provision of the agreement.
79 8.04 Notice of Compliance Generally. Subject to the City's finding that the facts contemplated by clauses (i) through (iii) herein are true and accurate, within 30 days following any written request which Developer may make from time to time, City shall execute and deliver to Developer a written "Notice of Compliance" in recordable form, duly executed and acknowledged by the City, that certifies that (i) this Agreement is unmodified and in full force and effect, or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications, (ii) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such default and (iii) any other information reasonably requested by Developer. City's failure to deliver such notice within such time period shall constitute a conclusive presumption against City that this Agreement is in full force and effect without modification except as may be represented by the Developer and that there are no uncured defaults in the performance of the Developer, except as may be represented by the Developer. Developer shall have the right at Developer's sole discretion, to record the Notice of Compliance.

Not Applicable (at this
time)
There has been no need to exercise this
provision of the agreement.
80 Article IX: Cooperation in the Event of
Legal Challenge
81 9.01 Cooperation.
82 a Developer agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents and consultants from any and all administrative, legal or equitable actions or other proceedings instituted by any person not a party to this Agreement challenging the validity or any Project Approval or any Subsequent Project Approval, or otherwise arising out of or stemming from this Agreement. Developer may select its own legal counsel to represent Developer's interests at Developer's sole cost and expense.

The parties shall cooperate in defending such action or proceeding. Developer shall pay for City's costs of defense, whether directly or by timely reimbursement on a monthly basis. Such costs shall include, but not be limited to, all court costs and attorney's fees expended by city in defense of the action or proceeding. The parties shall use best efforts to select mutually agreeable defense counsel but, if the parties cannot reach agreement, City select its own legal counsel and Developer agrees to pay directly or timely reimburse on a monthly basis City for all such court costs, attorney fees, and time referenced herein.

Compliant to date There has been no need to exercise this provision of the agreement.
83 b Developer also agrees to indemnify, defend and hold harmless the City, its officials, officers, employees, agents and consultants from any claims, costs, damages or other liabilities for any personal injury or death, or property damage, resulting from the construction of the Project or of operations by the Developer, its officers, employees, agents or consultants. Developer may select its own legal counsel to represent Developer's interests at Developer's sole cost and expense.

Compliant to date. There has been no need to exercise this provision of the agreement.

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84 c The parties agree that this Section 9.01 shall constitute a separate agreement entered into concurrently, and that if any provision of this Agreement, or the Agreement as a whole, is invalidated rendered null, or set aside by a court of competent jurisdiction, the parties agree to the bound by the terms of this Section 9.01, which shall survive such invalidation, nullification or setting aside.

Compliant to date. There has been no need to exercise this provision of the agreement.
85 9.02 Cure; Reapproval
86 a If, as a result of any administrative, legal or equitable action or other proceeding as described in Section 9.01, all or portion of this Agreement, Project Approvals, or Subsequent Approvals are set aside or otherwise made ineffective by any judgement in such action or proceeding, the parties agree to use their respective best efforts to sustain or readopt this Agreement, Project Approvals, and/or Subsequent Approvals that the Deficiencies relate to, as follows, unless the parties mutually agree in writing to act otherwise:

Compliant to date. There has been no need to exercise this provision of the agreement
87 i If any Judgement requires reconsideration or consideration by the City of this Agreement, Project Approval, or Subsequent Approval, then the City shall consider or reconsider that matter in a manner consistent with the intent of this Agreement. If any such Judgement invalidates or otherwise makes ineffective all or any portion of this Agreement or any Project Approval, or Subsequent Approval, then the parties shall cooperate and shall cure any Deficiencies identified in the Judgement or upon which the Judgement is based in a manner consistent with the intent of this Agreement and the Judgement. Upon the parties cure of such Deficiencies, City shall then take steps consistent with the Judgement necessary readopt or reenact this Agreement and any applicable Project Approval, Subsequent Approval, or any portion thereof.

Compliant to date. There has been no need to exercise this provision of the agreement
88 ii Acting in a manner consistent with the intent of this Agreement or a Judgement includes, but is not limited to, recognizing that the parties intent hat Developer may develop a 415 single-family residential unit project, and adopting such ordinances, resolutions, and other enactments, including by not limited to, a general plan amendment, rezoning, vesting subdivision map approvals development plan approvals, PD plan approvals, design review, improvement agreements, use permits, grading permits, building permits, lot line adjustments, sewer and water connection permits, certificate of occupancy, final development plans, development agreements, permits, resubdivisions, and ant amendments to, or repealing of, any of the foregoing as are necessary to readopt or reenact all or any portion of this Agreement, Project Approvals, and/or Subsequent Approvals without contravening the Judgement.

Compliant to date. There has been no need to exercise this provision of the agreement
89 b The parties agree that this Section 9.02 shall constitute a separate agreement entered into concurrently, and that if any other provision of this Agreement, or the Agreement as a whole is invalidated, rendered null, or set aside by a court of competent jurisdiction, the parties agree to be bound by the terms of this Section 9.02, which shall survive such invalidation, nullification or setting aside.

Compliant to date. There has been no need to exercise this provision of the agreement
90 Article X: Defaults; Remedies;
Termination
91 10.01 Defaults. Defaults. Any failure by either party to perform any term or provision of this Agreement, which failure continued uncured for a period of 30 days following written notice of such failure from the other party, shall constitute a default under this Agreement. The Complaining Party's notice shall specify the nature of the alleged failure and, may specify the manner in which the failure and, may specify the manner in which the failure satisfactorily may be cured By the other party. Any failures or delays by a Complaining Party in asserting any of its rights and remedies as to any default shall not operate as a waiver of a default or of any such rights and remedies as to any default shall not operate as a waiver of a default or of any such rights or remedies as to any default shall not operate as a waiver of a default or of any such rights or remedies. Delays by a Complaining Party of its right to institute and maintain any actions or proceedings, which it may deem necessary to protect, assert, or enforce any such rights or remedies. If the nature of the alleged failure is such that it cannot be reasonably be cured within such 30- day period, then no fault shall be deemed to have occurred if: (a) the cure shall be commenced at the earliest practicable following receipt of the Default Notice; (b) the cure is diligently prosecuted to completion at all times thereafter; (c) at the earliest practicable date (if no event later than 30 days after the Defaulting Party's receipt of the Default Notice), the Defaulting party provides written notice to the Complaining Party that the cure cannot practicably be completed within such 30-day period; and (d) the cure is completed at the earliest practicable date. In no event shall Complaining Party be precluded from exercising remedies if a default is not cured within 120 days after the Notice of Default is given. Complaining Party shall not send notice to any third party, including, but not limited to, bonding and surety companies, until such time as the cure opportunities set forth above have expired unless otherwise required by applicable law.

Upon the occurrence of a default under this Agreement, the Complaining Party may institute legal proceedings to enforce the terms of this Agreement, or, in the event of a material default, terminate this Agreement. If the default is cured consistent with this Section, then no default shall exist and the Complaining Party may institute legal proceedings to enforce the terms of this Agreement or, in the event of a material default, terminate this Agreement. If the default is cured consistent with this Section, then no default shall exist and the Complaining Party shall take no further action.

See Comments/Action
Items
As of December 31, 2022, there has been
no need to exercise the provisions of
Section 10.01.

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Primary Column Column2 Status Notes Action Items?
92 10.02 Termination. If City elects to consider terminating this Agreement due to a material default of Developer, then City shall give a notice of intent to terminate this Agreement and the matter shall be scheduled for consideration and review by the City Council at a duly noticed and conducted public hearing. As used herein, a finding of materiality shall be based on the effect of the default in relation to the size and scope of the Project.

Developer shall have the right to offer written and oral evidence prior to or at the time of said public hearings. If the City Council determines that a material default has occurred and is continuing, and elects to terminate this Agreement, City shall give written notice of termination of this Agreement to Developer by certified mail and this Agreement shall thereby be terminated 60 days thereafter; provided, however, that if Developer files an action to challenge City's termination of this Agreement within such 60-day period, then this Agreement shall remain in full force and effect until a trial court has affirmed City's termination of this Agreement and all appeals have been exhausted (or the time for requesting any and all appellate review has expired).

See Comments/Action
Items
As of December 31, 2022, there has been
no need to exercise the provisions of
Section 10.02.
93 10.03 Periodic Review. See Comments/Action
Items
The City has conducted its first Annual
Review of the Development Agreement.

As of December 31, 2022, both parties
were compliant with the DA.
94 a Conducting the Periodic Review. Throughout the Term of this Agreement, at least once every 12 months following the execution of this Agreement , City shall review the extend of good-faith compliance by Developer with the terms of this Agreement. This review shall be conducted by the City Manager or his/her designee and shall be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code 65865.1. Developer also agrees to pay City annually the greater of $5000 or the actual cost of Periodic Review Fee (not to exceed $10,000). The $5,000 shall be increased annually thereafter by the CPI for the San Francisco-Oakland Area, with the first increase implemented in January 2017 reflecting 2016 increases. Such Periodic Review Fee shall only be paid in the years in which a Periodic Review is actually conducted.

Compliant to date.
95 b Notice. At least 10 days prior to the Periodic Review, and in the manner prescribed in Article 12 of this Agreement, City shall deposit in the mail to Developer a copy of any staff reports and documents to be used or relied upon in conducting the review and, to the extent practical, related exhibits concerning Developer's performance hereunder.

Developer shall be permitted an opportunity to respond to City's evaluation of Developer's performance, either orally at a public hearing or in a written statement, at Developer's election. Such response shall be made to the City Manager.

See Comments/Action
Items
Notice of the Annual Review will be given
to the Developer on/or before April 21,
2022.
96 c Good Faith Compliance. During the Periodic Review, the City Manager shall review Developer's good faith compliance with the terms of this Agreement. At the conclusion of the Periodic Review, the City Manager shall make written findings and determinations, on the basis of substantial evidence, as to whether or not Developer has complied in good faith with the terms and conditions of this Agreement. The decision of the City Manager shall be appealable to the City Council. If the City Manager finds and determines that the Developer has not complied wit such terms and conditions, the City Manager may recommend to the City Council that it terminate or modify this Agreement by giving notice of its intention to do so, in the manner set forth in California Government Code 65867 and 65868. The costs incurred by City in connection with the Periodic Review process described herein shall be shared equally Developer and City.

Compliant to date.
97 d Failure to Properly Conduct Periodic Review. If, after 30 days following Developer's notice requesting a Periodic Review, City fails to initiate the Periodic Review, such failure shall conclusively deemed an approval by City of Developer's compliance with the terms of this Agreement.

Compliant to date.
98 e Written Notice of Compliance. With respect to any year for which Developer has been determined or deemed to have complied with this Agreement, City shall, within 30 days, following a written request by Developer, provide Developer with a written notice of compliance, in recordable form, duly executed and acknowledged by City. Developer shall have the right, in Developer's sole discretion, to record such notice of compliance.

See Comments/Action
Items
Written Notice of Compliance will be sent
to the Developer upon conclusion of the
Annual Review.
99 10.04 Default by City or Developer. In the event City or Developer defaults under the terms of this Agreement, City or Developer shall have all rights and remedies provided herein and under law.

See Comments/Action
Items
As of December 31, 2022 there has been
no need to exercise the provisions of
Section 10.04.
100

10.05 Excusable Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, neither party shall be deemed to be default where delays in performance or failures to perform are due to, and a necessary outcome of, war, insurrection, terrorism, strikes or other labor disturbances, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, restrictions imposed or mandated by other governmental entities (including new or supplemental environmental regulations), enactment of conflicting State or Federal laws or regulations, or judicial decisions. Neither party shall be deemed to be in default where delays in performance or failure to perform are due to a court order arising out of or related to litigation attacking the validity of this Agreement, the Project Approvals, the Subsequent Approvals, or any permit, ordinance, entitlement or other action of governmental agency other than City necessary for the development of the Project. Developer shall not be deemed to be in default where delays in performance or failure to perform are due to a court order arising out of or related to litigation attacking the validity of this Agreement, the Project Approvals, or any permit, ordinance, entitlement or other action of a governmental agency other than City necessary for the development of the Project. Developer shall not be deemed to be in default where delays in performance or failure to perform are due to Developer's inability to obtain materials, power or public facilities (such as water or sewer service) to the Project and unrelated to Developer's actions or inactions and beyond Developer's control. Upon the properly noticed request of either party hereto, as required by Section 12.09, an extension of time for the performance of any obligation whose performance has been so prevented or delayed will be set forth in writing. The term of any such extension shall be equal to the period of the excusable delay or longer, as may be mutually agreed upon in writing.

See Comments/Action
Items
As of December 31, 2022, there has been
no need to exercise the provisions of
Section 10.05.

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101

10.06 Legal Action. Either party may, in addition to any other rights or remedies, institute legal action to cure, correct, or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation thereof, recover damages for any default, enforce by specific performance the obligations and rights of the parties hereto, or to obtain any remedies consistent with the purpose of this Agreement.

See Comments/Action
Items
As of December 31, 2022, there has been
no need to exercise the provisions of
Section 10.06.
102 10.07 California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Compliant
103

10.08 Resolution of Disputes. With regard to any dispute involving development of the Project, the resolution of which is not provided for by this Agreement or Applicable Law, Developer shall, at City's request, meet with City. The parties to any such meetings shall attempt in good faith to resolve any such disputes. If the parties are then unable to resolve their dispute, either party may commence mediation by providing to JAMS, or its successor, and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS' panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written made in the course of the mediation by any of the parties, their agents. employees, experts and attorneys, and by the mediator and any JAMS employees are confidential, privileged, and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non- discoverable as a result of its use in the mediation. Either party may seek equitable relief prior to the mediation to preserve the status quo pending the completion of the process.

Except for such an action to obtain equitable relief, neither party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session or 90 days of filing the written request of mediation, whichever occurs first. Mediation may continue after the commencement of a civil action, if the parties both agree in writing. The provision of this Section may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses to be paid by the party against whom enforcement is ordered. Nothing in this Section shall in any way be interpreted as requiring that Developer and City and/or City's designee reach agreement with regard to those matters begin addressed, nor shall the outcome of these meetings be binding in any way on City or Developer unless expressly agreed to in writing by the parties to such meetings.

See Comments/Action
Items
As of December 31, 2022, there has been
no need to exercise the provisions of
Section 10.08.
104

10.09 Attorney's 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 attorney's fees and any related other costs incurred in that proceeding in addition to any other relief to which it is entitled.

Not Applicable
105 Article XI: No Agency, Joint Venture
or Partnerships
106
It is specifically understood and agreed to by and between the parties hereto unless otherwise expressly provided herein (i) the subject development is a private development; (ii) City have no interest or responsibilities for, or duty to, third parties concerning any improvements until such time, and only until such time, that City accepts the same pursuant to the provisions of this Agreement or in connection with the various Project Approvals or Subsequent Approvals; (iii) Developer shall have full power over and exclusive control of the Project herein described, subject only to the limitations and obligations of Developer under this Agreement, the Project Approvals, Subsequent Approvals, and Applicable Law; and (iv) City and Developer hereby renounce the existence of any form of agency relationship, joint venture or partnership between City and Developer and agree that nothing contained herein or in any document between City and Developer. City agrees that nothing herein or in any document executed in connection herewith shall be construed as creating any such relationship between City and Developer. City agrees that Developer's obligations under this Agreement related to the construction of Project water, sewer, and drainage infrastructure improvements, the grading and construction of traffic improvements and the grading and construction of any other public improvements are all public works of improvement City is requiring as a condition of regulatory approval of the Project and that the Project is otherwise private development. The City further agrees that it will contribute no more money, or the equivalent of money, to the overall Project than is required to construct the Public Improvements and that City maintain no proprietary interest in the overall Project.

Compliant to date.
107
Article XII: Miscellaneous
108

12.01 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.

Not Applicable
109

12.02 Enforceability. City and Developer agree that unless this Agreement is amended or terminated pursuant to the provisions of this Agreement, this agreement shall be enforceable by party hereto notwithstanding any change hereafter enacted or adopted (whether by ordinance, resolution, initiative, or any other means) in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance, or an other land use ordinance or building ordinance, resolution or other rule, regulation or policy adopted by the City that changes, alters, or amends the rules, regulations and policies applicable to the development of the Project Site at the time of the approval of this Agreement as provided by California Government Code 65866. In the event of any conflict between the provisions of this Agreement and Applicable Law, the Project Approvals or any Subsequent Approval, this Agreement shall prevail.

Not Applicable
110

12.03 Finding. City hereby finds and determines that execution of this Agreement furthers public health, safety and general welfare and that the provisions of this Agreement are consistent with the General Plan.

Not Applicable

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111

12.04 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 competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions 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 the other party.

Not Applicable
112

12.05 Other Necessary Acts. Each party shall execute and deliver to the other all such further instruments and documents as may be reasonably necessary to carry out the Project Approvals, Subsequent Approvals and this Agreement and to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder.

Not Applicable
113

12.06 Construction. Each reference in this Agreement to this Agreement or any of the Project Approvals or Subsequent Approvals shall be deemed to refer to the Agreement, Project Approval, or Subsequent Approval as it may be amended from time to time, whether or not the particular reference refers to such possible amendment. 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.

Not Applicable
114

12.07 Other Misc Terms. The singular shall include the plural; the masculine gender shall include the feminine; "shall" is mandatory; "may" is permissive. If there is more than one signer of this Agreement, the signer obligations are joint and several.

Not Applicable
115

12.08 Covenants Running with the Land. All of the provisions contained in this Agreement shall be binding upon the parties and their respective heirs, successors and assigns, representatives, lessees, and all other persons acquiring all or a portion of the Project, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to California law including, without limitation, California Civil code 1468. Each covenant herein to act or refrain from acting is for the benefit of or a burden upon the Project, as appropriate runs with the Project Site and is binding upon the owner of all or a portion of the Project Site and each successive owner during its ownership of such property.

Not Applicable
116

12.09 Notices. Any notice or communication required hereunder between City or Developer must be in writing and may be given either personally, by fax (with original forwarded by regular US mail), by registered or certified mail (return receipt requested), or by FedEx or or other similar courier promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving party's facsimile machine. Notices transmitted by fascsimile after 5:00 p.m. on a normal business day or on a Saturday or Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of a) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or b) 5 days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the US mail. If given by Federal Express or a similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any party hereto may at any time, by giving 10 days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below........

Not Applicable
117

12.10. Entire Agreement, Counterparts, and Exhibits. This Agreement is executed in two duplicate counterparts, each of which is deemed to be an original. This Agreement consists of 29 pages and 3 exhibits which constitute in full, the final and exclusive understanding and agreement of the parties supersedes all negotiations or previous agreements of the parties with respect to all or any part of the subject matter hereof. All waivers of any provisions of the Agreement shall be in writing and signed by the appropriate authorities of City and Developer. The following exhibits are attached to this Agreement and incorporated herein for all purposes: Exhibit A - Legal Description; Exhibit A-1 - Project Site Diagram; Exhibit B - Applicable Fees; Exhibit C - Form of Affordable Housing Agreement.

Not Applicable
118

12.11 Recordation of Development Agreement. Pursuant to California Government Code § 65868.5, no later than ten (10) days after City enters into this Agreement, the City Clerk shall record an executed copy of this Agreement, or Memorandum thereof, in the Official Records of the County of Contra Costa. The parties agree to cooperate as to preparation, execution, and recording of a Memorandum hereof.

See Comments/Action
Items
The DA was recorded at the Contra Costa
County Clerk-Recorder on July 26, 2017
(DOC 2017-0133911-00)

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168
Resolution No. 23- 1 May 1, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Periodic Review of Montreux Subdivision)
Development Agreement )
Between The City of Pittsburg and ) RESOLUTION NO. 23- Altec Homes Inc. and Determination as )
To Compliance With Development )
Agreement )

The Pittsburg City Council DOES RESOLVE as follows:

WHEREAS, a Development Agreement between the City of Pittsburg and Altec Homes, Inc., was executed on December 15, 2015, for the Montreux Property; and

WHEREAS, California Government Code Section 65864 et seq. (“Development Agreement Statutes”) authorizes and regula tes the execution of development agreements (“DAs") between certain pu blic entities and persons who d esire to develop private property within a public entity’s jurisdiction; and

WHEREAS, pursuant to the Development Agreement Statutes, the City established procedures for the consideration of DA applications by property own ers or other persons having an interest in property within City’s jurisdiction; and

WHEREAS, Section 65865.1 requires City to conduct a periodic review of the City’s active Developmen t Agreements, at whic h time each respec tive dev eloper is required to d emonstrate good faith complianc e with the terms of t he Development Agreement (“Periodic Review”); and

WHEREAS, if, as a result of the Periodic Review, the City finds and determines, on the basis of substa ntial evidence, th at a dev eloper has not complied in good faith with the terms and conditions of the Development Agreement, the City may terminate or modify the DA pursuant to the Development Agreement Statutes; and

WHEREAS, t he last periodic review of t he Montreux Development Agr eement was conducted , and on December 21, 20 20, the C ity Council determined that the developer was in compliance with the terms of the Development Agreement.

NOW, THEREFORE, the City Council finds and determines as follows:

Section 1. Findings

The City Council hereby finds and determines that the above recitals are true and correct and have served as the basis, in part, for the findings and actions of the City Council set forth below.
169
Resolution No. 23- 2 May 1, 2023

Section 2. Compliance with Development Agreement

The City Council hereby finds and d etermines that , based on th e info rmation provided by the Developer and City Staff, as well as the information contained in the "Montreux DA – 2022 Annual Review", attached hereto and incor porated herein by reference as "Exhibit 1, ” the Developer has demons trated good faith complianc e with the Montreux Development Agreement.

Section 3. Certificate of Compliance

The City Council hereby directs and authorizes the City Manager to issue a certificate codifying the "Finding of Compliance" for Montreux Subdivision Development Agreement in a form that can be recorded by the Developer.

Section 4. Certification

The City Clerk shall certify the adoption of this Resolution.

Section 5. Effective Date

This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a r egular meeting on the 1st day of May, 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

_____________________________
Shanelle Scales-Preston, Mayor

ATTEST:

______________________________
Alice E. Evenson, City Clerk

170
Exhibit 1 - Montreux DA - 2022 Annual Review Summary Table DA Section Condition/Requirement Status Comments Action Items 1 Article II: Effective Date; Term
2 2.01 This Agreement shall become effective upon the date the ordinance approving this Agreement becomes effective.

Per the Development
Agreement, the effective
date is December 16, 2015.

No action.
3 2.02 Term. The term of this Agreement shall commence upon the Effective Date and continue for a period of 16 years.

Based on the effective date
of December 16, 2015, this
development agreement
would expire in 2031.

No action.
4 Article III: Obligations of
Developer
5 3.01 Obligations of Developer Generally. The parties acknowledge and agree that the City's agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for Developer's agreement to perform and abide by its long term covenants and obligations, as set forth herein. The parties acknowledge that many of Developer's long term obligations set forth in this Agreement are in addition to Developer's agreement to perform all the mitigation measures identified in the Mitigation Monitoring Program. As material consideration for the long term assurances and vested rights provided by this Agreement and as a condition of approval to one or more of the Project Approvals, Developer agrees to each of the following:

Compliant to date. No action.
6 3.02 Drainage Improvements. Subject to the terms of this Agreement, as a condition of approval to one or more of the Project Approvals, Developer agrees to construct and offer for dedication to the City those Project storm water drainage improvements to be located within City's boundaries and required to serve the Project Site ("Drainage Improvements"). The City shall accept the offer of dedication of the Drainage Improvements, as long as the Drainage Improvements comply with the City's standards, applicable rules and regulations, and this Agreement. The parties agree that the construction of the Drainage Improvements shall be phased according to a construction schedule determined by Developer, subject to the written approval of the City Manager.

City shall not require any improvements to onsite or offsite drainage facilities to address pre-existing deficiencies provided that Developer demonstrates to City's reasonable satisfaction that impact to downstream facilities are not being exacerbated.

Not applicable at this time. Not yet submitted. Construct and offer for dedication stormwater
drainage improvements in
compliance w City
standards.
7 3.03 Facility Reserve Charges. Developer agrees to pay City's Facility Reserve Charges ("FRC") as set or modified by the City Council from time to time.

Not applicable at this time. FRC's may be impacted based on final outcome of water &
sewer. Due when submitting to
Building.

Pay FRCs.
8 3.04 Water Infrastructure. Developer shall comply with the 2015 Water System Master Plan, as amended. Developer shall have the option, subject to the written approval by the City Manager, to provide water infrastructure facilities as specified by the City or to construct the water infrastructure facilities in phases subject to a storage requirement and site analysis study, commissioned by the City, that incorporates the water infrastructure requirements pursuant to the 2015 Water System Master Plan, as amended.

Not applicable at this time. Not yet submitted. The City already provided them our
consultant’s options for the
waterline tie in. Discovery
doesn’t think it’s possible to
install the waterline north of the
Kirker Creek Apartments. So
we told them to pothole on
Buchanan Road and figure out
an alternate design, so we’re
waiting on their response. They
also still have to submit plans
for the pump station and water
reservoir, and complete
supplemental geotechnical
analyses.

Provide water
infrastructure facilities, or
construct them in phases.
9 3.05 School Facilities Impact Mitigation. Developer shall pay in lieu school impact fees in accordance with Government Code 65995 et seq. Compliance with this section shall satisfy all of Developer's obligations required by City to mitigate school impacts resulting from the Project.

Not applicable at this time. Due when submitting to
Building.

Pay in lieu school impact
fees.
10 3.06 Applicable Fees. City may levy development fees, and charges during this term of this Agreement relative to the development of the Project Site which are in force and effect as of the Effective Date as more particularly described and according to the payment schedule set force on Exhibit B ("Applicable Fees") and the adjustments and/or modifications referenced in Section 3.07. Unless otherwise provided in this Agreement, no development fees, or charges, or categories thereof, shall be imposed on Project other than those fees, and charges identified as Applicable Fees on Exhibit B, which exhibit shall exclusively govern the Applicable Fee payment schedule. The parties agree that any and all Project development fees, charges or exaction related to schools, fire prevention, water, sewer, stormwater, and storm drainage facilities, which are to be paid by Developer directly or indirectly to third party governmental agencies, are not subject to or within the scope of this Agreement whether such third party charges exist or are subsequently imposed by such third parties, whether directly upon Developer or through City. This provision shall not be construed to benefit any Non-Assuming Transferees, as such term is defined in herein.

Not Applicable at this time.

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DA Section Condition/Requirement Status Comments Action Items 11 3.07 Applicable Fee Adjustments. Developer shall pay fees and charges consistent with Section 3.06, and the applicable adjustments currently provided in such fees and as modified from time to time by the City, whether such adjustment or modification is an increase or a decrease. City retains the right to modify, amend, or adjust the Applicable Fees by more than that authorized by ordinances, resolutions, or policies in place at the time of this Agreement's Effective Date, and Developer retains the right to challenge the imposition of any new fees not referenced in this Agreement or the modification, amendment, or adjustment of all Applicable Fees pursuant to Government Code 66000 et seq., not already authorized by ordinances, resolutions, or policies in place at the time of this Agreement's Effective Date. Should the City Council approve a new AB 1600 fee study and/or authorize a decrease in any of the Applicable Fees during the term of this Agreement by ordinance or by resolution, Developer shall have the option at its sole discretion to pay the lower fee, as may be adjusted by the applicable CPI or ENR, unless otherwise bound by separate contract or memorandum of understanding with City. In no event shall Developer receive retroactive adjustments for lower fees.

Not Applicable at this time.
12 3.08 City Local Traffic Mitigation Fee. Developer shall pay the City Local Traffic Mitigation Fee, which fee is necessary to finance unmet City traffic improvement needs in the amount in effect as of the Effective Date and subject to adjustments in accordance with Resolution 07-10917 with credit for certain improvements constructed by Developer per Section 4.05 below. If the City Council approves a new AB 1600 fee study and/or authorize a decrease in any of the Applicable Fees during the term of this Agreement by ordinance or by resolution, Developer shall have the option, at its sole discretion, to pay the lower fee, as may be adjusted by the applicable CPI or ENR, unless otherwise bound by separate contract or memorandum of understanding with City. In no event shall Developer receive retroactive adjustments for lower fees.

Not Applicable at this time. Due when submitting to
Building.

Pay local Traffic Mitigation
Fee.
13 3.09 Regional Traffic Fee. Developer shall pay the ECCRFA regional traffic fee should it be imposed by the City in an amount equal to or less than the amount paid by projects in the Cities of Antioch, Brentwood, and Oakley or in accordance with the existing valid MOU dated June 29, 2010 as amended, whichever is less.

Not Applicable at this time. Due when submitting to
Building.

Pay ECCRFA regional
traffic fee.
14 3.10. Fees, Assessments, and/or Taxes to be Paid by Developer. Developer agrees to pay its fair share of any levies imposed by any assessment district, geologic hazard abatement district, landscaping and lighting district, community facilities district, tax-exempt financing mechanisms or other funding mechanisms related to public safety; traffic; sewer; water; fire; the prevention, mitigation, abatement, or control of geologic hazards; or other infrastructure improvements (including without limitation, design, acquisition, construction and maintenance costs) (collectively, Funding Mechanisms) within the Project Site, provided that such Funding Mechanism is referenced herein and/or was legally created pursuant to applicable law.

Not Applicable at this time. Pay fair share of levies
imposed by assessment
districts.
15 3.11 Affordable Housing. Developer shall comply with PMC 18.86.080 and VTM Condition of Approval No. 7 by constructing at least 35 rental secondary units within the Project. A covenant shall be recorded limiting the amount of rent that may be charged for these secondary units, consistent with the terms and conditions set forth in the affordable housing agreement. 26 of these units shall be constructed no later than the 263rd building permit for the Project. Prior to the City's issuance of the first certificate of occupancy Developer agrees to enter into an affordable housing agreement with the City (the "Affordable Housing Agreement," attached as Exhibit C) which further memorializes the provisions of this section and is consistent with applicable law, including Pittsburg Municipal Code Chapter 18.50. Developer agrees that the secondary units referenced in this section shall not be built or otherwise allowed on adjoining lots without the prior written approval of the City Manager.

Not applicable at this time. Plans not yet submitted. Construct 35 rental secondary units (26 by
263rd building permit).

Record covenant limiting
rent amount. Enter into
Affordable Housing
Agreement before
Certificate of Occupancy
issued.
16 a Timing. The Affordable Housing Agreement shall establish provisions to implement the affordable housing requirements within this Agreement and shall include but not be limited to, implementation and monitoring provisions to ensure compliance with municipal law related to affordable housing. The agreement shall include provisions for the reasonable reimbursement of costs to the City for the administration and monitoring of the agreement.

Not applicable at this time. Implement and monitor
provisions to ensure
compliance with municipal
law related to affordable
housing. Include
provisions to reimburse
City for cost of
administration and
monitoring.
17 b Inclusionary Housing Ordinance. Notwithstanding any provision of this Agreement, in the event that the City has rescinded its respective previously adopted affordable housing ordinance and not replaced it with another affordable housing or similar ordinance, or such ordinance has been declared illegal, Developer shall not be obligated to comply with the provisions for affordable housing set forth in this Agreement. In the event, prior to or during the development of the Project, the City amends or replaces or eliminates its affordable housing ordinance which would result in a reduction in the number of secondary units required to be constructed in the Project or elimination of the requirement.

Not applicable at this time. Only applicable if City rescinds previously adopted affordable
housing ordinance and not
replaced it.
18 3.12 Pre-payment for James Donlon Extension. Developer will pre-pay the City regional traffic mitigation fees for all units in the Project if at the time of the issuance of the first building permit for the Property for the first single-family residential production unit (or at any time during the build-out of the Project thereafter), the James Donlon Extension is either (i) under construction; (ii) is funded and scheduled for construction and the construction contract is awarded; or (iii) ECCRFFA has collected the funds necessary for its pro rate share of the James Donlon Extension. If none of the above conditions exist at the time of issuance of the first building permit, Developer will pay such fees on a permit-by-permit basis in the regular course of business. City and Developer agree that the obligations set forth in the March 15, 2006 Memorandum of Understanding ("March 2006 MOU") between City and Developer are met by compliance with this Section.

Not applicable at this time. Applicable if/when the James Donlon Extension is either (i)
under construction; (ii) is funded
and scheduled for construction
and the construction contract is
awarded; or (iii) ECCRFFA has
collected the funds necessary
for its pro rate share of the
James Donlon Extension
Pay the City regional
traffic mitigation fees.

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DA Section Condition/Requirement Status Comments Action Items 19 3.13 Open Space Mitigation. City and Developer agree that the obligations set forth in the May 3, 2006, Memorandum of Understanding between City and Developer, Albert D. Seeno, III and Albert D Seeno, Jr. with respect to open space mitigation can be met by compliance by Developer with the HCP or through other agreements or approvals by the HCP conservancy and/or Regulatory Agencies.

Compliant to date. No action.
20 3.14 Security Improvements
21 a Developer shall pay to the City the actual cost incurred by the City (not to exceed $75000) towards funding the acquisition and installation of security camera(s) at the intersection of James Donlon Extension and Kirker Pass Road. The security cameras will be installed under the supervision of the City's Police Chief. Developer shall pay such costs within 30 days of receipt of invoice.

Not applicable at this time. Pay cost of installing
security cameras at
intersection of James
Donlon Extension and
Kirker Pass Road.
22 b Developer shall install basic home security wiring in the Project homes (defined herein as wiring for basic home security system on the first floor windows and doors only).

Developer shall offer one year of professional monitoring service to new homeowners.

The monitoring service shall be at the election of the new homeowner.

Not applicable at this time. Install basic home security wiring on first floor
windows and doors. Offer
one year of professional
monitoring service.
23 3.15 Solar Roof System. Developer shall install a solar roof system on one of its model homes for example purposes only (which may consist of a few panels with photovoltaic compatibility or other comparable technologies) and offer solar installation as an option at the homeowner's expense.

Not applicable at this time. Install solar roof system
on one model home.
24 3.16 C.3 Facilities. Developer shall submit a complete Stormwater Control Plan and Report for the Project. The C.3 treatment facilities shall be adequately sized to treat the stormwater runoff from the associated drainage management areas, and supporting calculations and plans shall be submitted to the Engineering Division for review prior to issuance of a grading permit. In the event it is discovered that the runoff cannot be treated on site, the developer shall treat the remaining portion of runoff or all of the equivalent amount of runoff at an off-site facility adequately sized and designed to meet the treatment and flow control needs. The offsite facility(ties) shall be constructed with the first phase of the project, as approved by the City Engineer.

Not applicable at this time. Will be a separate phase. Submit C.3 Plan. They also still have to submit
plans for the pump station
and water reservoir, and
complete supplemental
geotechnical analyses.
25 Article IV: Obligations of City
26 4.01 Obligations of City Generally. The parties acknowledge and agree that Developer's agreement to perform and abide by its covenants and obligations set forth in this Agreement, including Developer's decision to process the siting of the Project in the City, is a material consideration for City's agreement to perform and abide by the long term covenants and obligations of City, as set forth herein.

Compliant to date. No action.
27 4.02 Processing of Annexation and Central Valley Project Inclusion. City shall promptly, in cooperation with Developer, process all documents necessary to achieve annexation of the Property to the City, CCWD, and Delta Diablo and inclusion into the Central Valley Project area.

Compliant. LAFCO's Certificate of
Completion effective date April
17, 2017.

Annex property to City,
CCWD, Delta Diablo, and
Central Valley Project
Area.
28 4.03 Availability of Public Services.
29 a General. To the extent permitted by law and consistent with its authority, City shall reserve such capacity for water services as may be necessary to serve the Project. This reservation of water infrastructure capacity shall be assured for the Term to the extent consistent with applicable law.

Not applicable at this time. City shall reserve capacity for water services for
project.
30 b Construction Water. City shall make construction water available to the Project by permitting the Project to hook up to existing City water supply infrastructure, at a location reasonably determined by the City, at Developer's cost and on those terms and conditions and charges customarily applied by City to similar projects consistent with City standards. City shall also permit Developer to install such temporary construction water pipelines and related infrastructure as reasonably necessary to provide construction water to the Project site for Developer's use in any and all Project grading and construction operations, as long as such water is unrelated to potable use.

Not applicable at this time. Discovery doesn’t think it’s possible to install the waterline
north of the Kirker Creek
Apartments. So we told them to
pothole on Buchanan Road and
figure out an alternate design,
so we’re waiting on their
response. They also still have
to submit plans for the pump
station and water reservoir, and
complete supplemental
geotechnical analyses.

City shall permit water
hook ups to existing water
supply infrastructure.
31 4.04 Developer's Right to Rebuild. City agrees that Developer, in Developer sole's discretion, may renovate or rebuild the Project within the Term of this Agreement should it become necessary due to natural disaster, changes in seismic requirements, acts of God, acts of terrorism, or damage to work in progress by reason of fire, floods, or other casualties.

Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA and this Agreement.

Not applicable at this time. Can rebuild in within term. 32 4.05 Reimbursement of Infrastructure Costs.

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DA Section Condition/Requirement Status Comments Action Items 33 a Reimbursement. Unless otherwise provided for herein, to the extent Developer incurs costs related to the planning and construction of traffic infrastructure, water delivery infrastructure, the off-site water tank, pump station, sewer infrastructure or other public infrastructure required by City or this Agreement for the Project that exceed the Project's fair share obligation for such infrastructure, City shall reimburse developer for City's portion of such costs, subject to the City's prior verification through inspection and construction that is subject to such reimbursement and upon final acceptance of the infrastructure by the City. This reimbursement shall be paid within 60 days after City's final acceptance or at any such other time as mutually agreed upon in writing by the parties. Developer shall be entitled to a management fee of 5% for City's share of approved infrastructure costs, including but not limited to design and special inspection costs. The management obligations of Developer hereunder shall include contracting and managing the construction of the infrastructure, retaining copies of records, photographs and as builts for the improvement(s) as well as attending meetings and providing necessary reports as reasonably requested by City.

Not applicable at this time. City shall reimburse
Developer for City portion
of costs.
34 b City Authorization of Reimbursement. Notwithstanding any other provision of this Section or of this Agreement or VTM provisions, City shall not be responsible to reimburse or credit Developer for any costs, including as referenced in Section 4.05a herein, unless prior to Developer incurring any costs for which Developer will request reimbursement from City, Developer shall first provide written documentation as to the work to be performed, the estimated costs thereof, including a not-to-exceed cap, and such other details as reasonably requested by the City Manager and the City Manager approves the proposed costs and related work. If the City Manager fails to respond within 30 days of its receipt of such estimated costs, Developer shall provide written notice to the City Manager and to the City Engineer, if neither responds within 30 days of the City's receipt of the second request, the request shall be deemed approved. the City Manager shall have the discretion to require Developer to obtain competitive bids on any work for which Developer may request reimbursement or credit from the City where the total cost of that work is $100,000 or more. City shall also have the opportunity to inspect any and all infrastructure during its construction, as well as to review any work product for which Developer requests reimbursement or credits. If mutually agreed by the parties in writing, any reimbursement due Developer pursuant to this Agreement may be satisfied by City in form of credits, which can actually be used by Developer to offset Developer's payment of Applicable Fees. In the event there are not enough credits to fully satisfy the reimbursement due Developer and subject to the terms of the mutual agreement between the parties referenced in the prior sentence, City shall reimburse Developer within 30 days of invoicing.

Not applicable at this time. Before City reimburses,
Developer must provide
estimates to City w not-to-
exceed cap before hand.

Must be approved by City
Manager.
35 4.06 James Donlon Extension. Developer shall be entitled to build out the Project prior to construction of the James Donlon Extension, to the extend consistent with CEQA.

Developer shall design the entrances to and exits from the Project so that all entrances and exists shall reasonably integrate into the future intersection at the James Donlon Extension and Kirker Pass Rd. The City acknowledges that the construction by Developer of the intersection shall be temporary up to the catch/tie-in point as determined by the City Engineer in writing. The City shall thereafter be responsible for coordinating and removing and replacing such temporary construction at the time the permanent intersection improvements are constructed, at no further cost to Developer.

Not applicable at this time. Can build entrances to
project that will integrate
to intersection at James
Donlon Extension before
James Donlon is
constructed.
36 4.07 Park Fee Credit. Developer may receive partial park fee credit for certain trails and trail improvements constructed by Developer. Developer and City agree that the park in-lieu fee amount will be $9.40/sq ft increased annually by the CPI for the SF-Oakland area, with the first increase implemented in Jan 2017 reflecting 2016 increases. However, if a lower fee is established by the City Council in accordance with the provisions of the Pittsburg Municipal Code, than that fee shall apply.

Not applicable at this time. Possible partial park fee
credit for certain trails and
improvements constructed
by Developer.
37 4.08 EBRPD Fee. Pursuant to the May 2006 MOU, Developer shall pay to the East Bay Regional Park Ditrict (EBRPD) the fee of $2,000 upon issuance of each building permit, for the purpose of either acquiring additional public open space or for the maintenance of open space areas. Additionally, Developer shall advance up to $300,000 in these fees to EBRPD and shall receive credit for such advance as building permits are issued. This fee shall not constitute or otherwise affect any obligations under applicable law for Developer to fund park improvements to to otherwise pay park related fees as set forth in the May 2006 MOU.

Not applicable at this time. No Building Permits issued at this time.

Pay $2,000 to EBRPD
upon issuance of each
building permit.
38 Article V: Cooperation --
Implementation
39 5.01 Processing Application for Subsequent Approvals. The parties agree that all Subsequent Approvals shall be processed by City in a manner consistent with the following provisions:
40 a Standard of Review. By adopting the Project Approvals, City has made a final policy decision that the Project is in the best interests of the public health, safety, and general welfare. Accordingly, City shall not use its discretionary authority in considering any application for a Subsequent Approval to change the policy decisions reflected by the Project Approvals or otherwise prevent or delay development of the Project as set forth in the Project Approvals. Instead, the Subsequent Approvals shall be deemed tools to implement those final policy decisions and shall be issued by City so long as they comply with this Agreement and Applicable Law, as defined below, and are not inconsistent with the Project Approvals as set forth above and meet the intent and comply with any City adopted Designed Guidelines, as applicable. To the extend permitted by law, City shall not use its discretionary authority in considering these Subsequent Approval applications to revisit or frustrate the policy decisions or material terms reflected by the Project Approvals. Developer agrees that development under this Agreement shall comply with provisions reflected in Uniform Codes (whether building, fire, plumbing, or other applicable uniform codes) which may adopted subsequent to the Effective Date of this Agreement.

Compliant to date. No action.

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DA Section Condition/Requirement Status Comments Action Items 41 b Basis for Denial. City may deny and application for a Subsequent Approval only if such application does not comply with this Agreement or Applicable Law, defined below, or does not substantially comply with the Project Approvals (provided, however, that inconsistency with the Project Approvals shall not constitute grounds for denial of a Subsequent Approval which is requested by Developer as an amendment to that Project Approval). City may approve an application for such a Subsequent Approval subject to any conditions necessary to bring the Subsequent Approval into compliance with this Agreement or Applicable Law, or as is necessary to make this Subsequent Approval consistent with the Project Approvals. If City denies any application for a Subsequent Approval, City shall specify in writing the reasons for such denial and may suggest a modification which would be approved by City.

Not applicable at this time. Subsequent approvals. Review subsequent approvals to ensure they
comply w DA.
42 5.02 Timely Submittals by Developer. Developer acknowledges that City cannot expedite processing of the Subsequent Approvals until Developer submits complete applications on a timely basis. Developer shall use its best efforts to (i) provide to City in a timely manner any and all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder; and (ii) cause Developer's planners, engineers, and all other consultants to provide to City in a timely manner all such documents, applications, plans, and other necessary materials as set forth in Applicable Law. It is the express intent of Developer and City to cooperate and diligently work to obtain any and all Subsequent Approvals consistent with this Agreement.

Not applicable at this time. Subsequent approvals.
43 5.03 Timely Processing by City. Upon submission by Developer of all appropriate applications and processing fees for any Subsequent Approval, City shall promptly and diligently commence and complete all steps necessary to act on the Subsequent Approval applications including, without limitation, (i) providing at the Developer's request and prior written approval, reasonable overtime staff assistance and/or staff consultants for planning and processing of each Subsequent Approval application; (ii) if legally required, providing notice and holding public hearings; and (iii) acting on any such Subsequent Approval application. If Developer elects to request and approve the use of overtime staff assistance or staff consultants for planning and processing of any Subsequent Approval pursuant to this Section, Developer's reimbursement to City for such services, in accordance with standard City practice.

Not applicable at this time. Subsequent approvals.
44 5.04 Other Government Permits. At Developer's sole discretion and in accordance with Developer's construction schedule, Developer shall apply for such other permits and approvals as may be required by other governmental or quasi-governmental entities in connection with the development of, or the provision of services to, the Project. City shall cooperate with Developer in its efforts to timely obtain such permits and approvals and shall, from time to time, at the request of the Developer, use its best efforts to ensure the timely availability of such permits and approvals. City shall cooperate with Developer to obtain any and all approvals from Contra Costa County related to the construction or operation of the Drainage Improvements. City shall cooperate with Developer, CCWD and the Bureau of Reclamation in all matters related to CCWD's application to the Bureau to expand the place of use of Central Valley Project water to include the Project Site.

Not applicable at this time. Developer shall apply for
permits from other entities
as required.
45 5.05 Lighting and Landscaping District, Park Maintenance. 46 a Developer agrees that the Project Site will be annexed into City's existing Lighting and Landscaping District, as established pursuant to City Reso No. 88-7324 as well as City's Community Facilities District 2007-1 for park maintenance, City's Community Facilities District for the maintenance of C.3 facilities as, to the extent permitted by law, that the Project shall be assessed in a manner consistent with the provisions herein.

Not applicable at this time. Annex into Lighting and
Landscaping District and
Community Facilities
District.
47 b Developer agrees that the base assessment applies to the Project and is subject to increase, provided any such increase of the base assessment imposed uniformly or similarly situated properties by City in a manner consistent with State law. Developer further agrees that the base assessment shall be levied upon recordation of each of the Project's final maps. The parties agree that the base LLD assessment described herein shall finance, among other things, the maintenance of any and all landscape improvements and the maintenance of parks.

Not applicable at this time. No action.
48 5.06 GHAD. Developer agrees to take all steps necessary to either expand the existing Southwest Pittsburg Geologic Hazard Abatement District or to establish a new GHAD, at no cost to the City or to the GHAD, to provide for, among other things, geologic hazard abatement, maintenance of detention basins, grassland maintenance, fire protection, and erosion control within portions of Project Site. Unless otherwise required by law, the parties intend that the Project Site will be assessed by the SW Pittsburg GHAD or a new GHAD upon the respective GHAD's acceptance of the GHAD Area identified in the Project Approvals (which GHAD Area shall include the detention basins and C.3 storm facilities).

Not applicable at this time. Developer will either
expand the existing
Southwest Pittsburg
Geologic Hazard
Abatement District or to
establish a new GHAD.
49 5.07 Police Services CFD. Developer agrees to take all steps necessary to include the Project Site into the City's existing police services Community Facilities District 2004-1, as adopted pursuant to Reso No. 04-10071 ("The Police Services District") at no cost to the City, in order to provide for police and other emergency services to the Project site. This process shall be completed, to the reasonable satisfaction of the City Manager and the City Attorney, before filing the first final map on the Project. Each legal residential lot located on the Project Site will be required to pay the levy by the Police Services District no earlier than the issuance of a building permit for such lot.

Not applicable at this time. Developer shall include
the Project Site into the
City's existing police
services Community
Facilities District before
filing first final map. Pay
levy after issuance of
building permit.

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DA Section Condition/Requirement Status Comments Action Items 50 5.08 Fire Services CFD. In the event the City forms a City Community Facilities district to provide for fire protection services in the City for the Contra Costa Fire Protection District and acquisition or replacement and acquisition or replacement of equipment primarily situated in the fire stations located in the City, Developer agrees to take all steps necessary to include the Project Site into the district. This inclusion of the Project into the district shall be completed, to the reasonable satisfaction of the City Manager and the City Attorney, before filing the first final map on the Project. City agrees that the levy to be assessed on each legal residential lot in the Project shall be no greater than $75.00 and increased annually by the CPI for the SF-Oakland area, with the first increase implemented in January 2016 reflecting 2015 increases. Each legal residential lot located on the Project Site will be required to pay the levy by for this district no earlier than the issuance of a certificate of occupancy for such lot (such levy shall not go into effect for any certificate of occupancy for such lot (such levy shall not go into effect for any certificate of occupancy issued for model homes in the Project until such model home is transferred to a third party homebuyers).

Not applicable at this time. Include into district before filing first final map.

If the City forms a City
Community Facilities
district for fire protection
services, the Developer
will include project site
into district.
51 5.09 General Plan Maintenance Fees. Developer agrees to pay development related fee to help fund the maintenance of the Pittsburg General Plan. The General Plan Maintenance Fee will be $125.00 per building Permit.

Not applicable at this time. No building permits issued. Pay $125/building permit for GP.
52 5.10. Assessment Districts or Other Funding Mechanisms. 53 a City understands that City's long term assurances to Developer concerning fee, taxes, and assessments related to Project are a material consideration for Developer agreeing to process the siting of the Project in its present location and to pay the fees, the taxes and assessments described in this Agreement. City shall retain the ability to initiate or process applications for the formation of new assessment districts or other Funding Mechanisms, as defined in Section 3.10 of this agreement, covering all or any portion of the Project site. Notwithstanding the foregoing, Developer retains all its rights to oppose the formation or proposed assessment of any new assessment district, Funding Mechanism, or any and all increases thereto, or to request or pursue assessment credits or reductions, unless otherwise provided for herein or unless such assessment, Funding Mechanism, or related increases are in place and legally effective as of the date of this Agreement's Effective Date.

Not applicable at this time. Only applicable in event of formation of new assessment
districts.
54 b At the request of Developer, City shall cooperate in the formation of, or annexation to, those assessment districts, geologic hazard abatement district, landscaping and lighting districts, community facilities district, tax-exempt financing mechanisms, or other Funding Mechanisms that Developer and City determine are needed to fund infrastructure improvements and to ensure the orderly development of the Project, at no cost to the City. City shall diligently and expeditiously process applications by Developer necessary to establish such Funding Mechanisms as long as (i) the application complies with law, (ii) is consistent with City's standards, and (iii) provides for a lien to value ratio and other financial terms that are reasonably acceptable to City and which will result in no commitment of City funds. City shall diligently seek to sell any bonds to be issues and secured by such assessments upon the best terms reasonably available in the marketplace. Any and all costs associated with this Section shall be borne and/or advanced by Developer.

Not applicable at this time. Only applicable in event of formation of new assessment
districts.
55 5.11 Warranty Bonds. Developer agrees that every infrastructure improvement dedicated to City (except landscaping, unimproved real property, or open space dedications) pursuant to this Agreement shall be accompanied by a one year warranty bond in a form and in an amount, and with a surety acceptable to City or otherwise as determined in the applicable Subdivision Improvement Agreement.

Not applicable at this time. One year warranty bond
for infrastructure
improvements dedicated
to City.
56 Article VI: Standards, Laws,
Procedures Governing the Project
57 6.01 Vested Right to Develop. Developer shall have a vested right to develop the Project on the Project site in substantial conformance with the terms and conditions of this Agreement, the Project Approvals (as and when issued), the Subsequent Approvals (as and when issued), and amendments thereto as shall, from time to time, be approved pursuant to this Agreement. Nothing in this Section 6.01 shall be deemed to eliminate or diminish the requirement of Developer to obtain any required Subsequent Approvals.

Compliant to date.
58 6.02 Permitted Uses Vested by This Agreement. The permitted uses of the Project Site; the density and intensity of use of the Project Site; the max height, bulk, and size of proposed buildings; provisions for reservation or dedication of land for public purposes and the location of public improvements; the general location of public utilities; and other terms and conditions of development applicable to the Project, shall be as set forth in the Project Approvals and, as and when they are issued (but not in limitation of any right to develop as set forth in the Project Approvals), the Subsequent Approvals.

Compliant to date.
59 6.03 Applicable Law. Applicable Law shall mean the existing rules, regulations, official policies, standards and specifications governing permitted uses of the project site; governing density; and governing design, improvements, and construction standards and specifications applicable to the Project and Project site as set forth in this Agreement and the Project Approval, and in force and effect on the Effective Date of this Agreement.

Compliant to date.

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DA Section Condition/Requirement Status Comments Action Items 60 6.04 Uniform Codes. Notwithstanding any other provision of this Agreement, City may apply to the Project Site, at any time during the Term, the then current Uniform Building Code and other uniform construction codes as properly modified by City and uniformly applied on a citywide basis, and City's then current design and construction standards for road and storm drain facilities. In no event shall any such uniform code or standard be adopted for the purpose of preventing or otherwise limited construction of all or any part of the Project.

Not applicable at this time.
61 6.05 Moratorium And Conflicting Enactments. To the extent consistent with State Law, if any ordinance, resolution, or other measure in enacted, whether by action of the City, by initiative, referendum, or otherwise, that imposes a building moratorium, a limit on the rate of development, or a voter-approval requirement which would otherwise affect the timely development of the Project on all or any part of the Project Site, City agrees that such ordinance, resolution, or other measure shall not apply to the Project, the Project Site, this Agreement, the Project Approvals, or the Subsequent Approvals, if any, during the term of this Agreement, unless the building moratorium is imposed as part of a declaration of a local emergency or state of emergency as defined in Government Code Section 8558. Developer reserves the right to challenge in court any City action or inaction which Developer believes is in conflict with Applicable Law or this Agreement.

Not applicable at this time.
62 6.06 Environmental Mitigation. The parties understand that the EIR for the Project is a project level CEQA document intended to be used in connection with each of the Project Approvals and Subsequent Approvals needed for the Project. Consistent with the CEQA policies and requirements applicable to the EIR, City agrees to use the EIR in connection with the processing of any Subsequent Approval to the extend allowed by law. City agrees not to impose on Developer any mitigation measures or other conditions of approval other than those specifically imposed by the Project Approvals and the Mitigation Monitoring Program described in the FEIR, specifically required by Applicable Law, or as properly required through the design or architecture review process as long as such mitigation measures or other conditions are imposed in a manner consistent with applicable design review guidelines.

Compliant to date
63 6.07 Life of Subdivision Maps, Development Approvals, and Permits. To the extend consistent with Applicable Law, the term of any subdivision map or any other map, permit, rezoning, or other land use entitlement approved as a Project Approval or a Subsequent Approval shall not include any period of time during which any applicable development moratorium (including, but not limited to, a water or sewer moratorium) or the actions of other public agencies that regulate land use, development or the provision of services to the land, prevents, prohibits, or delays the construction of the Project. The term of this Agreement and any subdivision map or other Project Approval or Subsequent Approval shall not include any period of time during which any applicable court order or other legal requirement prevents the processing of any Subsequent Approval or any Project development activities.

Not applicable at this time.
64 6.08 State and Federal Law. As provided in California government Code 65869.5, if any state or federal laws or regulations, enacted after this Agreement's Effective Date prevent or preclude compliance with one or more provisions of this Agreement ("Changes in the Law"), such provision of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations as may be necessary to comply with such state or federal laws or regulations as may be necessary to comply with Changes in the Law, and City and Developer shall take such action as may be required pursuant to this Agreement including, without limitation, Article V and Section

10.05. Not in limitation of the foregoing, nothing in this Agreement shall preclude City from imposing on Developer any fee specifically required by State or Federal laws and regulations.

Not applicable at this time.
65 6.09 Timing of Project Construction and Completion.
66 a Project Phasing. The Project is expected to be built in phases in response to then- existing market conditions over the Term of the Agreement. Except as otherwise specifically provided by this Agreement with respect to Project infrastructure timing, City and Developer expressly agree that there is no requirement that Developer initiate or complete development of the Project or any particular phase of the Project within any particular time period, and City shall not impose such a requirement on any Project Approval. The parties acknowledge that Developer cannot at this time predict when or the rate at which or the order in which phases will be developed. Such decisions depend upon numerous factors which are not within the control of Developer, such as market demand, interest rates, competition, and other similar factors.

Compliant to date.
67 b The parties agree that the Developer shall be able to develop in accordance with Developer's own time schedule as such schedule may exist from time to time and Developer shall determine which part of the Project Site to develop first and at Developer's chosen schedule. In particular, and not in limitation of any of the foregoing, since the California Supreme Court held in Pardee Construction Co v City of Camarillo, that the failure of the parties therein to consider and expressly provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' desire to avoid that result by acknowledging that Developer shall have the right to develop the Project in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgement. Developer's rights under this Section 6.09b shall be subject to the requirement that adequate infrastructure to service each phase of the Project is constructed concurrently with such phase. the City Manager shall reasonably determine what infrastructure will be required to serve each phase of the Project, which determination shall be consistent with Applicable law.

Compliant to date.
68 c Nothing in this Agreement shall exempt Developer from completing work required by a subdivision agreement, road improvement agreement or similar agreement in accordance with the terms thereof.

Compliant to date.

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DA Section Condition/Requirement Status Comments Action Items 69 6.10. Exempting Fees, Mitigation Measures and Similar Requirements Imposed by Outside Agencies. Notwithstanding any other provision of this Agreement, the City agrees to exclude Developer from any and all discretionary collection agreements regarding fees, mitigation measures and similar requirements including, but not limited to, development impact fees, which other public agencies request the City to impose at City's discretion on the Project or on the Project Site after the Effective Date through the Term of this Agreement. This Section shall not prohibit the City from imposing on Developer any fee, mitigation measure, or similar requirement or obligation that is required by a local or regional agency in accordance with local, regional, State, or Federal obligations and implemented by the City in cooperation with such local, regional, state, federal agencies, provided such fee, mitigation measure, or similar requirement or obligation is imposed in a similar manner on similarly situated properties within the City as, for example, stormwater related C.3 requirements and increases thereto.

Compliant to date.
70 6.11 City's Joint-Inspection Jurisdiction. Developer acknowledges that City has joint inspection jurisdiction within other third-party governmental entities within any and all City rights-of- way and easements.

Compliant to date.
71 Article VII: Amendment
72 7.01 Amendment to Project Approvals, Subsequent Approvals. To the extent permitted by state and federal law, any Project Approval or Subsequent Approval may, from time to time, be amended or modified in the following manner:
73 a Administrative Project Amendments. Upon the written request of Developer for an amendment or modification to a Project Approval or Subsequent Approval, the City Manager or his/her designee shall determine (i) whether the requested amendment or modification is minor when considered in light of the project as a whole; and (ii) whether the requested amendment or modification is consistent with this Agreement, Applicable Law, applicable uniform codes, and State or Federal Law. If the City Manager or his/her designee finds that the proposed amendment or modification is minor in the context of the entire project, consistent with this Agreement and Applicable Law, and will result in no new significant environmental impacts not addressed and mitigated in the EIR, the amendment shall be determined to be an Administrative Project Amendment and the City Manager or his/her designee may, except to the extend otherwise required by law, approve the Administrative Project Amendment without notice and public hearing.

Not applicable at this time. City to review any
requested amendments.
74 b Non Administrative Project Amendments. Any request of Developer for an amendment or modification to a Project Approval or Subsequent Approval which is determined not to be an Administrative Project Amendment as set forth above shall be subject to review, consideration and action pursuant to the Applicable Law and this Agreement.

Not applicable at this time. Amendments to be
reviewed.
75 7.02 Amendment of this Agreement. This Agreement may be amended from time to time in whole or in part by mutual written content of the parties hereto or their successors in interest as follows:
76 a The City Manager or his/her designee may, except to the extent otherwise required by law, enter into certain amendments of this Agreement on behalf of the City as long as any such amendment does not substantially affect (i) the Term of this Agreement, (ii) permitted uses of the Project Site, (iii) provisions for the reservation or dedication of land, (iv) conditions, terms, restrictions or requirements for subsequent discretionary actions, (v) the density or intensity of use of the Project Site or the maximum height of size of proposed buildings or (vi) monetary contributions by Developer, and shall not, except to the extend otherwise required by law, require notice or public hearing before the parties may execute an amendment hereto. For purposes of this Section, the term substantially affect shall be evaluated in context of the entire project.

Not applicable at this time.
77 b Amendment Exemptions. No amendment of a Project Approval or Subsequent Approval, whether done administratively or not, shall require an amendment to this Agreement.

Instead, any such matter automatically shall be deemed to be incorporated into the Project and vested under this Agreement when written and executed by both parties.

Not applicable at this time.
78 c Amendment Limitations. In consideration of the cope of the benefits to City set forth in this Agreement, any amendment to this Agreement shall only be subject to such new terms and conditions including new exactions or other obligations as are reasonably related to the impacts on City directly attributable to such amendment.

Not applicable at this time.
79 Article VIII: Assignment,
Transfer, and Notice
80 8.01 Assignment of Interests, Rights and Obligations. Developer may transfer or assign all or any portion of its interests, rights, or obligations under this Agreement, the Project Approvals, or Subsequent Approvals to third parties acquiring an interest or estate in the Project or any portion thereof including without limitation, purchasers or ground lessees of lots, parcels, or facilities.
81 8.02 Transfer Agreements.

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DA Section Condition/Requirement Status Comments Action Items 82 a In connection with the transfer or assignment by Developer of all or any portion of the Project (other than a transfer or assignment by Developer to an affiliated party, any deed of trust beneficiary or morgagee, or a "Non-Assuming Transferee", Developer and the transferee shall enter into a written agreement regarding the respective interests rights, and obligations under the Agreement, the Project Approvals, or the Subsequent Approvals that pertain to that portion of the Project being transferred or assigned, as described in the Transfer Agreement, provided that the transferee expressly assumes such obligations (ii) transfer to the transferree vested rights to improve that portion of the Project being transferred and (iii) address ant other matter deemed by developer to be necessary or appropriate in connection with the transfer or assignment.

Not applicable at this time.
83 b Any Transfer Agreement shall be binding on Developer, City and the transferee and, unless otherwise provided for in Section 8.03 of this Agreement, shall require the City's prior written consent, which consent shall not be unreasonably withheld. Failure by City to respond within 30 days of a written request by Developer for City's consent shall be deemed City's approval of the Transfer Agreement in question. City may refuse to give its consent only id, in light of the proposed transferee's reputation and financial resources, such transferee would not in City's reasonable determination be able to perform the obligations proposed to be assumed by such trasnferee. Such determination shall be made by the City Manager and is appealable to the City Council. In no event, however, shall City refuse to give its consent ot a proposed transferee pursuant to this Section

8.02b if such transferee has a net worth of at least Ten Million Dollars documented in a manner reasonably acceptable to City. Upon recordation of any Transfer Agreement in the Official Records of Contra Costa Countu, Developer shall automatically be released from those obligations assumed by the transferee therein.

Not applicable at this time.
84 c Developer shall be free from any and all liabilities accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a transferee pursuant to a Transfer Agreement. No breach or default hereunder by any person succeeding to any portion of Developer's obligations under this Agreement shall be attributed to Developer, nor may Developer's rights hereunder be canceled or diminished in any way by any breach or default by any such person.

Not applicable at this time.
85 8.03 Non-Assuming Transferees. Except as otherwise required by Developer in Developer's sole discretion, the burdens, obligations and duties of Developer under this Agreement shall terminate with respect to, and neither a Transfer Agreement nor City's consent shall be required in connection with (i) any single residential parcel conveyed to a purchaser, (ii) any property transferred as fewer than 10 lots to a single retail builder, or (iii) any property that has been established as one or more separate legal parcels for office, commercial, open space, park, school, or other nonresidential uses. The transferee in such a transaction and its successors shall be deemed to have no obligations under this Agreement, but shall continue to benefit from the vested rights provided by this Agreement for the duration of the Term. Nothing in this section shall exempt any property transferred to Non-Assuming Transferee from payment of applicable fees and assessments or compliance with applicable conditions of approval.

Not applicable at this time.
86 8.04 Notice of Compliance Generally. Subject to the City's finding that the facts contemplated by clauses (i) through (iii) herein are true and accurate, within 30 days following any written request which Developer may make from time to time, City shall execute and deliver to Developer a written "Notice of Compliance" in recordable form, duly executed and acknowledged by the City, that certifies that (i) this Agreement is unmodified and in full force and effect, or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications, (ii) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such default and (iii) any other information reasonably requested by Developer. City's failure to deliver such notice within such time period shall constitute a conclusive presumption against City that this Agreement is in full force and effect without modification except as may be represented by the Developer and that there are no uncured defaults in the performance of the Developer, except as may be represented by the Developer. Developer shall have the right at Developer's sole discretion, to record the Notice of Compliance.

Not applicable at this time.
87 Article IX: Cooperation in the
Event of Legal Challenge
88 9.01 Cooperation
89 a Developer agrees to indemnify, defend and hold harmless the City, its officials, officers, employees, agents and consultants from any and all administrative, legal, or equitable actions or other proceedings instituted by any person not a party to this Agreement challenging the validity of the Agreement or any Project Approval or any Subsequent Project Approval, or otherwise arising out of or stemming from this Agreement. Developer may select its own legal counsel to represent Developer's interests at Developer's sole cost and expense. The parties shall cooperate in defending such action or proceeding.

Developer shall pay for City's costs of defense, whether directly or by timely reimbursement on a monthly basis. Such costs shall include, but not be limited to all court costs and attorney's fees expended by City in defense of any such action or other proceeding, plus staff and City Attorney time spent in regard to defense of the action or proceeding. The parties shall use best efforts to select its own legal counsel and Developer agrees to pay directly or timely reimburse on a monthly basis City for all such court costs, attorney fees, and time referenced herein.

Compliant to date. No action.
90 b Developer also agrees to indemnify, defend and hold harmless the City, its officials, officers, employees, agents and consultants from any claims, costs, damages or other liabilities for any personal injury or death, or property damage, resulting from the construction of the Project or of operations by the Developer, its officers, employees, agents or consultants. Developer may select its own legal counsel to represent Developer's interests at Developer's sole cost and expense.

Compliant to date. No action.

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DA Section Condition/Requirement Status Comments Action Items 91 c The parties agree that this Section 9.01 shall constitute a separate agreement entered into concurrently, and that if any provision of this Agreement, or the Agreement as a whole, is invalidated rendered null, or set aside by a court of competent jurisdiction, the parties agree to the bound by the terms of this Section 9.01, which shall survive such invalidation, nullification or setting aside.

Compliant to date. No action.
92 9.02 Cure; Reapproval.
93 a If, as a result of any administrative, legal or equitable action or other proceeding as described in Section 9.01, all or portion of this Agreement, Project Approvals, or Subsequent Approvals are set aside or otherwise made ineffective by any judgement in such action or proceeding, the parties agree to use their respective best efforts to sustain or readopt this Agreement, Project Approvals, and/or Subsequent Approvals that the Deficiencies relate to, as follows, unless the parties mutually agree in writing to act otherwise:

Not applicable at this time.
94 i If any Judgement requires reconsideration or consideration by the City of this Agreement, Project Approval, or Subsequent Approval, then the City shall consider or reconsider that matter in a manner consistent with the intent of this Agreement. If any such Judgement invalidates or otherwise makes ineffective all or any portion of this Agreement or any Project Approval, or Subsequent Approval, then the parties shall cooperate and shall cure any Deficiencies identified in the Judgement or upon which the Judgement is based in a manner consistent with the intent of this Agreement and the Judgement. Upon the parties cure of such Deficiencies, City shall then take steps consistent with the Judgement necessary readopt or reenact this Agreement and any applicable Project Approval, Subsequent Approval, or any portion thereof.

Not applicable at this time.
95 ii Acting in a manner consistent with the intent of this Agreement or a Judgement includes, but is not limited to, recognizing that the parties intent that Developer may develop a 351 single-family residential unit project, and adopting such ordinances, resolutions, and other enactments, including by not limited to, a general plan amendment, rezoning, vesting subdivision map approvals development plan approvals, PD plan approvals, design review, improvement agreements, use permits, grading permits, building permits, lot line adjustments, sewer and water connection permits, certificate of occupancy, final development plans, development agreements, permits, resubdivisions, and any amendments to, or repealing of, any of the foregoing as are necessary to readopt or reenact all or any portion of this Agreement, Project Approvals, and/or Subsequent Approvals without contravening the Judgement.

Not applicable at this time.
96 b The parties agree that this Section 9.02 shall constitute a separate agreement entered into concurrently, and that if any other provision of this Agreement, or the Agreement as a whole is invalidated, rendered null, or set aside by a court of competent jurisdiction, the parties agree to be bound by the terms of this Section 9.02, which shall survive such invalidation, nullification or setting aside.

Compliant to date. No action.
97 Article X: Defaults; Remedies;
Termination
98 10.01 Defaults. Any failure by either party to perform any term or provision of this Agreement, which failure continued uncured for a period of 30 days following written notice of such failure from the other party, shall constitute a default under this Agreement. The Complaining Party's notice shall specify the nature of the alleged failure and, may specify the manner in which the failure and, may specify the manner in which the failure satisfactorily may be cured By the other party. Any failures or delays by a Complaining Party in asserting any of its rights and remedies as to any default shall not operate as a waiver of a default or of any such rights and remedies as to any default shall not operate as a waiver of a default or of any such rights or remedies as to any default shall not operate as a waiver of a default or of any such rights or remedies. Delays by a Complaining Party of its right to institute and maintain any actions or proceedings, which it may deem necessary to protect, assert, or enforce any such rights or remedies. If the nature of the alleged failure is such that it cannot be reasonably be cured within such 30- day period, then no fault shall be deemed to have occurred if: (a) the cure shall be commenced at the earliest practicable following receipt of the Default Notice; (b) the cure is diligently prosecuted to completion at all times thereafter; (c) at the earliest practicable date (if no event later than 30 days after the Defaulting Party's receipt of the Default Notice), the Defaulting party provides written notice to the Complaining Party that the cure cannot practicably be completed within such 30-day period; and (d) the cure is completed at the earliest practicable date. In no event shall Complaining Party be precluded from exercising remedies if a default is not cured within 120 days after the Notice of Default is given. Complaining Party shall not send notice to any third party, including, but not limited to, bonding and surety companies, until such time as the cure opportunities set forth above have expired unless otherwise required by applicable law.

Not applicable at this time.

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DA Section Condition/Requirement Status Comments Action Items 99 10.02 Termination. If City elects to consider terminating this Agreement due to a material default of Developer, then City shall give a notice of intent to terminate this Agreement and the matter shall be scheduled for consideration and review by the City Council at a duly noticed and conducted public hearing. As used herein, a finding of materiality shall be based on the effect of the default in relation to the size and scope of the Project.

Not applicable at this time.
100

10.03 Periodic Review.
101
a Conducting the Periodic Review. Throughout the Term of this Agreement, at least once every 12 months following the execution of this Agreement , City shall review the extend of good-faith compliance by Developer with the terms of this Agreement. This review shall be conducted by the City Manager or his/her designee and shall be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code 65865.1. Developer also agrees to pay City annually the greater of $5000 or the actual cost of Periodic Review Fee (not to exceed $10,000). The $5,000 shall be increased annually thereafter by the CPI for the San Francisco-Oakland Area, with the first increase implemented in January 2017 reflecting 2016 increases. Such Periodic Review Fee shall only be paid in the years in which a Periodic Review is actually conducted.

Payment request to sent .
4/21/22.

Complete DA Review
annually. Developer pays
City fee.
102
b Notice. At least 10 days prior to the Periodic Review, and in the manner prescribed in Article 12 of this Agreement, City shall deposit in the mail to Developer a copy of any staff reports and documents to be used or relied upon in conducting the review and, to the extent practical, related exhibits concerning Developer's performance hereunder.

Compliant to date. Send notice at least 10
days prior to 4/21/22.
103
c Good Faith Compliance. During the Periodic Review, the City Manager shall review Developer's good faith compliance with the terms of this Agreement. At the conclusion of the Periodic Review, the City Manager shall make written findings and determinations, on the basis of substantial evidence, as to whether or not Developer has complied in good faith with the terms and conditions of this Agreement. The decision of the City Manager shall be appealable to the City Council. If the City Manager finds and determines that the Developer has not complied wit such terms and conditions, the City Manager may recommend to the City Council that it terminate or modify this Agreement by giving notice of its intention to do so, in the manner set forth in California Government Code 65867 and 65868. The costs incurred by City in connection with the Periodic Review process described herein shall be shared equally Developer and City.

Compliant to date. City Manager make
written findings and
determination if Developer
has complied in good
faith.
104
d Failure to Properly Conduct Periodic Review. If, after 30 days following Developer's notice requesting a Periodic Review, City fails to initiate the Periodic Review, such failure shall conclusively deemed an approval by City of Developer's compliance with the terms of this Agreement.

Compliant to date. No action.
105
e Written Notice of Compliance. With respect to any year for which Developer has been determined or deemed to have complied with this Agreement, City shall, within 30 days, following a written request by Developer, provide Developer with a written notice of compliance, in recordable form, duly executed and acknowledged by City. Developer shall have the right, in Developer's sole discretion, to record such notice of compliance.

Compliant to date. Provide developer written
notice of compliance
within 30 days of request.
106

10.04 Default by City or Developer. In the event City or Developer defaults under the terms of this Agreement, City or Developer shall have all rights and remedies provided herein and under law.

Not applicable at this time.
107

Not applicable at this time.

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DA Section Condition/Requirement Status Comments Action Items 108

Not applicable at this time.
109 10.07 California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Compliant to date. Follow state law.
110

Not applicable at this time.
111

Not applicable at this time.
112 Article XI: No Agency, Joint
Venture or Partnership
113
It is specifically understood and agreed to by and between the parties hereto unless otherwise expressly provided herein (i) the subject development is a private development; (ii) City have no interest or responsibilities for, or duty to, third parties concerning any improvements until such time, and only until such time, that City accepts the same pursuant to the provisions of this Agreement or in connection with the various Project Approvals or Subsequent Approvals; (iii) Developer shall have full power over and exclusive control of the Project herein described, subject only to the limitations and obligations of Developer and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between City and Developer. The City agrees that Developer's obligations under this Agreement related to the construction of Project water, sewer and drainage infrastructure improvements, the grading and construction of traffic improvements are all public works of improvement the City is requiring as a condition of regulatory approval of the Project and that the Project is an otherwise private development. The City further agrees that it will contribute no more money, or the equivalent of money, to the overall Project than is required to construct the Public Improvements and that City maintain no proprietary interest in the overall Project.

Compliant to date. No action.
114
Article XII: Miscellaneous
115

Compliant to date. No action.
116

Compliant to date.
117

Compliant to date. No action.

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DA Section Condition/Requirement Status Comments Action Items 118

Not applicable at this time.
119

Compliant to date. Deliver documents as
necessary.
120

Compliant to date. No action.
121

Compliant to date. No action.
122

Compliant to date. No action.
123

If to City, to:

City Manager
City of Pittsburg
Civic Center
65 Civic Avenue
Pittsburg, CA 94565-2830
With Copies , to:

Ruthann G. Zeigler
City Attorney
Meyers Nave
555 Capitol Mall, Suite 1200
Sacramento, CA 95814
If to Developer, to:

Albert D. Seeno, III
Altec Homes, Incl.
4061 Port Chicago Hwy. Ste. H
Concord, CA 94520
With Copies , to:

Altec Homes, Incl.

Attn: Legal Department
4021 Port Chicago Hwy.

Concord, CA 94520
Compliant to date. 10 days written notice.

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DA Section Condition/Requirement Status Comments Action Items 124

12.10. Entire Agreement, Counterparts, and Exhibits. This Agreement is executed in two duplicate counterparts, each of which is deemed to be an original. This Agreement consists of 32 pages and 3 exhibits which constitute in full, the final and exclusive understanding and agreement of the parties supersedes all negotiations or previous agreements of the parties with respect to all or any part of the subject matter hereof, excluding the March 2006 MOU, the May 2006 MOU, and the July 2005 Faria MOU. The Parties, however, agree that to the extent Developer complies with all terms and conditions of this Development Agreement, Developer has fully met the obligations of the March 2006 MOU and Sections B, C and D of the May 2006 MOU. All waivers of any provisions of this Agreement shall be in writing and signed by the appropriate authorities of City and Developer. The following exhibits are attached to this Agreement and incorporated herein for all purposes:

Exhibit A - Legal Description
Exhibit A-1 - Project Site Diagram
Exhibit B - Applicable Fees
Exhibit C - Affordable Housing Agreement.

Compliant to date. No action.
125

Compliant. Recorded
Thursday, April 21, 2016.

Record DA.

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Resolution No. 23- 1 May 1, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Periodic Review of Columbia Solar
Energy Development Agreement )
Between The City of Pittsburg and ) R ESOLUTION NO. 23- Columbia Solar Energy LLC )
and Determination as to )
Compliance With Development )
Agreement )

The Pittsburg City Council DOES RESOLVE as follows:

WHEREAS, California Government Code Section 65864 et seq. (“Development Agreement Statutes”) authorizes and regulates the executio n of development agreements (“DAs") between certain public entities and persons who desire to develop private property within a public entity’s jurisdiction; and

WHEREAS, pursuant to the Development Agreement Statutes, the City established procedures for the consideration of DA applications by property owners or other persons having an interest in property within City’s jurisdiction; and

WHEREAS, Section 65865.1 requires City to conduct a periodic review of the City’s active Development Agreements, at which time each respective developer is required to demonstrate good faith compliance with the terms of the Development Agreement (“Periodic Review”); and

WHEREAS, if, as a result of the Periodic Review, the City finds and determines, on the basis of s ubstantial evidence, that a developer has not complied in good faith with the terms and conditions of the Development Agreement, the City may terminate or modify the DA pursuant to the Development Agreement Statutes; and

WHEREAS, the last periodic review of t he Columbia Solar D evelopment Agreement was conducted , and on November 18 , 20 19, the City Council d etermined that the developer was in compliance with the terms of the Development Agreement.

NOW, THEREFORE, the City Council finds and determines as follows:

Section 1. Findings

The City Council hereby finds and determines that the above recitals are true and correct and have served as the basis, in part, for the findings and actions of the City Council set forth below.

Section 2. Compliance with Development Agreement
185
Resolution No. 23- 2 May 1, 2023

The City Council hereby finds and determines that , based on the information provided by the Developer and City Staff, as well as the information contained in the Columbia Solar DA – 2022 Annual Review", attached hereto and incorporated herein by reference as "Exhibit 1, ” the Developer has demonstrated good faith compliance with the Columbia Solar Development Agreement.

Section 3. Certificate of Compliance

The City Council hereby directs and authorizes the City Mana ger to i ssue a certificate codifying the "Finding of Compliance" for Columbia Solar Development Agreement in a form that can be recorded by the Developer.

Section 4. Certification

The City Clerk shall certify the adoption of this Resolution.

Section 5. Effective Date

This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a r egular meeting on the 1st day of May 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

_____________________________
Shanelle Scales-Preston, Mayor

ATTEST:

______________________________
Alice E. Evenson, City Clerk

186
Exhibit 1 - Columbia Solar DA 2022 Annual Review Summary Table 0 DA Section Conditition/Requirement Department Status
1 DA Term:
2 Start Date May 20, 2013 Planning Active
3 End Date May 20, 2033 Planning Active
4 Length of Term 20 years Planning Active
5 SECTION 4: GENERAL DEVELOPMENT OF

THE PROPERTY
6 8 Section 4.01 Project development Planning Compliant 7 Section 4.02 Development on the project site Planning Compliant 8 Section 4.03(a) Permitted Uses: Mitigated Negative Declaration Planning Compliant 9 Section 4.03(b) Permitted Uses: Design Review Approval by the City Planning Compliant 10 Section 4.03(c) Permitted Uses: Such other uses permitted by Agreement Planning Compliant 11 Section 4.04 Approvals Planning Compliant
12 Section 4.05 Vested right to develop Planning and Engineering Compliant 13 Section 4.06 Amendment to applicable ordinances Planning Compliant to date 14 Section 4.07 Application of new rules, regulations, and policies Planning City complaint to date 15 Section 4.08 Future public financing City Manager N/A 16 Section 4.09 Changes in Local, Regional, State and Federal Rules and Regulations Community Development N/A 17 SECTION 5: PERIODIC REVIEW
18 9 Section 5.01 Annual review Planning City compliant to date 19 10 Section 5.02 Procedure for annual review Planning City compliant to date 20 Section 5.03 Notice of annual review Planning City compliant to date 21 Section 5.04 Good-faith compliance Planning Compliant to date 22 Section 5.05 Production of documents and other evidence Planning Compliant to date 23 Section 5.06 Cost of annual review Planning Compliant to date 24 SECTION 6: OBLIGATIONS OF CSE
25 Section 6.01 General obligations Planning Compliant to date 26 Section 6.02 Nexus/reasonable relationship challenges Attorney and Planning Compliant 27 Section 6.03 Cooperation by CSE Planning Compliant to date 28 Section 6.04 Other governmental permits Community Development Compliant 29 11 Section 6.05.1 Property Taxes
30 12 Section 6.05.2 Sales and use taxes Planning Compliant 31 13 Section 6.05.3 HCP/NCCP Fees Planning Compliant to date 32 14 Section 6.06 Mitigation Measures Planning Compliant to date 33 15 Section 6.07 Decommissioning Planning N/A
34 16 Section 6.08 Continuing obligations Planning Compliant 35 SECTION 7: OBLIGATIONS OF CITY
36 17 Section 7.01(a) Holding of all required public hearings Planning City compliant 37 18 Section 7.01(b) Processing of all ministerial matters Community Development City compliant 38 19 Section 7.02 Fire main and PG&E line extensions Engineering Complaint

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Comments Action Items
CSE has obtained all necessary City approvals for rezoning, design review, and environmental review subject to CEQA.

Development has been completed in compliance with the terms and conditions of this Agreement and the Project Description, the City’s building standards, Design Review process, and applicable rules and regulations.

City and developer compliant. Current project consistent with development envisioned in MND.

City and developer compliant. Current project consistent with development envisioned in DR approval.

City and developer compliant. Current project consistent with development envisioned in DA.

No amendments to the zoning code to provide more favorable development standards have been adopted.

No subsequent development applications have been submitted to date.

The Columbia Solar Project was completed in 2015. The City is continuing to review the provisions on a yearly basis.

This annual review has been prepared in accordance with the City's adopted procedures for Development Agreement Review.

The City has provided CSE with notice of the Annual Review at least 30 days prior.

CSE has exhibited compliance with all measures of the DA and requests for information during this process.

CSE has exhibited compliance with all requirements of this Agreement to date CSE has exhibited compliance with all measures of the DA and requests for information during this process.

CSE obtained all necessary permits and approvals in order to construct project Staff has confirmed with the Contra Costa County Tax Collector's Office that all property taxes currently due have been paid (through FY 2021-22).

All HCP/NCCP payments due during the 2021-22 FY have been paid in full.

See below
Project is still operational and no decommission date has been set City granted an easement extension to provide for the relocation of a PG&E utility pole.

Relocation was completed at CSE's expense.

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0 DA Section Conditition/Requirement Department Status
39 20 Section 7.03 Approval of ministerial applications Community Development Compliant 40 SECTION 8: AMEDNMENTS
41 21 Section 8.01 Major amendments City Attorney Compliant 42 22 Section 8.02 Minor amendments City Attorney Compliant 43 23 Section 8.03 Discretion of manager City Manager Compliant 44 SECTION 9: TRANSFERS AND

ASSIGNMENTS
45 Section 9.01 City's intent City Attorney Compliant
46 Section 9.02 CSE's Right to Assign or Transfer City Attorney Compliant 47 Section 9.03 Restriction on Assignment Does Not Constitute an Unreasonable Restraint on Alienation City Attorney Compliant 48 Section 9.04 Restriction on Assignment Shall Not Prevent CSE From Conveying the Project Site City Attorney Compliant 49 Section 9.05 Request procedure City Attorney Compliant 50 Section 9.06 Additional information City Attorney Compliant 51 Section 9.07 Approval of assignment City Attorney Compliant 52 Section 9.08 Notice of proposed assignment City Attorney Compliant 53 Section 9.09(a) Conditions and standards: assignee or transferee possesses the experience, reputation and financial resources to cause the Project Site to be developed and maintained in the manner contemplated by the City's General Plan and this Agreement.

City Attorney Compliant
54 Section 9.09(b) Conditions and standards: assignee or transferee enters into a written assumption agreement, in form and content satisfactory to the City Attorney, expressly assuming and agreeing to be bound by the provisions of this Agreement.

City Attorney Compliant
55 Section 9.09(c) Conditions and standards: assignment or transfer will not impair the ability of City to achieve the objectives of its general Plan and this Agreement.

City Attorney Compliant
56 Section 9.10 Financing exemption City Attorney Compliant 57 Section 9.11 Notice of assignment City Attorney Compliant 58 Section 9.12 Unapproved assignment City Attorney Compliant 59 25

MITIGATION MEASURES
60 26 MM-BIO-1 Permit coverage under the ECCC HCP/NCCP Planning Compliant to date 61 27 MM-BIO-2 Preconstruction nesting bird surveys for protected species Planning Complaint 62 28 MM-HAZ-1 Compliance with DTSC Covenants Planning Compliant 63 29 MM-NOISE-1 Noise generating activities Planning Compliant 64 30 MM-NOISE-2 Stationary electrical equipment sound pressure levels Planning Compliant 65 31

OUTSTANDING CONDITIONS OF APPROVAL
66 32 COA No. 3 The applicant shall submit a landscaping and irrigation plan to add landscape screening along the southwest corner of the site across from the single family residences to the south and from Central Park to the west.

Planning Compliant
67 33 COA No. 4 All landscaping shall be maintained in good growing condition. Planning Compliant to date 68 34 COA No. 6 The site shall be maintained at all times in a neat and clean manner, free of trash and debris. Planning Compliant to date 69 35 COA No. 30 The applicant shall be supportive of the Delta Trail, as it may extend past, and in close proximity, to the solar facility. Planning Compliant to date 70 36
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No amendments have been requested
No amendments have been requested
City Manager to approve a Transfer in writing as per DA.

All HCP/NCCP payments due during the 2021-2022 years have been collected.

The applicant has installed climbing vines along the fence lines in a sufficient amount to provide visual screening of the facility for viewers from these locations once the vines are mature.

CSE has maintained the vines installed and watered regularly to date.

The project site is currently free of all loose trash and debris.

No plans to construct portions of the Delta Trail in the vicinity of the project site have been formalized.

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Resolution No. 23 - 1 May 1, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Periodic Review of Greystone Place )
Development Agreement and ) RESOLUTION NO. 23-
Determination as to Compliance )
With Development Agreement )

The Pittsburg City Council DOES RESOLVE as follows:

WHEREAS, California Government Code Section 65864 et seq. (“Development Agreement Statutes”) authorizes and regulates the execution of development agreements (“DAs") between certain public entities and persons who desire to develop private property within a public entity’s jurisdiction; and

WHEREAS, pursuant to the Development Agreement Statutes, the City established procedures for the consideration of DA applications by property owners or other persons having an interest in property within City’s jurisdiction; and

WHEREAS, Section 65865.1 requires City to conduct a periodic review of the City’s active Development Agreements, at which time each respective developer is required to demonstrate good faith compliance with the term s of the Development Agreement (“Periodic Review”); and

WHEREAS, if, as a result of the Periodic Review, the City finds and determines, on the basis of substantial evidence, that a developer has not complied in good faith with the terms and conditions of the Development Agreement, the City may terminate or modify the DA pursuant to the Development Agreement Statutes; and

WHEREAS, t he Greystone Place D evelopment Agreement was recorded in 2016, so this is the second periodic review of the agreement.

WHEREAS, the last periodic review of t he Greystone Place D evelopment Agreement was conducted, and on December 3, 2018, the City Council determined that the developer was in compliance with the terms of the Development Agreement.

NOW, THEREFORE, the City Council finds and determines as follows:

Section 1. Recitals

The City Council hereby finds and determines that the above recitals are true and correct and have served as the basis, in part, for the findings and actions of the City Council set forth below.

Section 2. Compliance with Development Agreement
197
Resolution No. 23 - 2 May 1, 2023

The City Council hereby finds and determines that , based on the information provided by the Developer and City Staff, as well as the information contained in the "Greystone Place DA – 2022 Annual Review", attached hereto and incorporated herein by reference as "Exhibit 1,” the Developer has demonstrated good faith compliance with the Greystone Place Development Agreement.

Section 3. Certificate of Compliance

The City Council h ereby directs and authorizes the City Manager to issue a certificate codifying the " Finding of Compliance" for Greystone Place in a form that ca n be recorded by the Developer.

Section 4. Certification

The City Clerk shall certify the adoption of this Resolution.

Section 5. Effective Date

This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 1st day of May, 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

_____________________________
Shanelle Scales-Preston, Mayor

ATTEST:

______________________________
Alice E. Evenson, City Clerk

198
Exhibit 1 - Greystone Place DA - 2022 Annual Review Summary Table DA Section Condition/Requirement Status Comments Action Items 1 Article II - Effective Date; Term
2 Section 2.01 Effective Date. This Agreement shall become effective upon the date the ordinance approving this Agreement becomes effective (the “Effective Date”).

Not Applicable Ordinance No. 15-1397 approving the DA was adopted on October 5, 2015
3 Section 2.02 Term. The term of this Agreement shall commence upon the Effective Date and continue for a period of ten (10) years (the “Term”).

Not Applicable DA expires 10/5/2025
4 Article III - Obligations of
Developer
5 Section 3.01 Obligations of Developer Generally. The parties acknowledge and agree that the City’s agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for Developer’s agreement to perform and abide by its long term covenants and obligations, as set forth herein. As material consideration for the long term assurances and vested rights provided by this Agreement and as a condition of approval to one or more of the Project Approvals, Developer agrees to each of the following:

Not Applicable
6 Section 3.02 Applicable Fees. City may levy development fees, and charges during the term of this Agreement relative to the development of the Project Site which are in force and effect as of the Effective Date, as more particularly described and according to the payment schedule set forth on Exhibit B (“Applicable Fees”). Unless otherwise provided in this Agreement, no development fees, or charges, or categories thereof, shall be imposed on the Project other than those fees (including categories within such fees), and charges identified as Applicable Fees on Exhibit B, which exhibit shall exclusively govern the Applicable Fee payment schedule. The parties agree that any and all Project development fees, charges or exactions related to schools, fire prevention, water, sewer, stormwater, and storm drainage facilities, which are to be paid by Developer directly to third-party governmental agencies, are not subject to or within the scope of this Agreement whether such third party charges exist or are subsequently imposed by such third parties, whether directly upon Developer or through City. This provision shall not be construed to benefit any Non-Assuming Transferees, as such term is defined in herein.

Compliant Project has been completed and fees were collected in accordance with those set forth in Exhibit B of the DA.
7 Section 3.03 Applicable Fee Adjustments. Developer shall pay fees and charges consistent with Section 3.02 above, and the applicable adjustments currently provided in such fees, and as modified from time to time by the City, whether such adjustment or modification is an increase or decrease. Developer retains the right to challenge the imposition of any new fees not referenced in this Agreement or the modification, amendment or adjustment of all Applicable Fees pursuant to Government Code § 66000 et seq., not already authorized by ordinances, resolutions or policies in place at the time of this Agreement’s execution. Should the City Council approve a new AB 1600 fee study and/or authorize a decrease in any of the Applicable Fees during the term of this Agreement by ordinance or by resolution, Developer shall have the option, at its sole discretion, to pay the lower fee, as may be adjusted by the applicable CPI or ENR, unless otherwise bound by separate contract or memorandum of understanding with City. In no event shall Developer receive retroactive adjustments for lower fees.

Compliant Project has been completed and fees were collected in accordance with those set forth in Exhibit B of the DA.
8 Section 3.04 City Local Traffic Mitigation Fee. Developer shall pay the City Local Traffic Mitigation Fee, which fee is necessary to finance unmet City traffic improvement needs in the amount in effect as of the Effective Date and subject to adjustment in accordance with Resolution No. 07 10917 with credit for certain improvements constructed by Developer per Section 4.04 below. If the City Council approves a new AB 1600 fee study and/or authorize a decrease in any of the Applicable Fees during the term of this Agreement by ordinance or by resolution, Developer shall have the option, at its sole discretion, to pay the lower fee, as may be adjusted by the applicable CPI or ENR, unless otherwise bound by separate contract or memorandum of understanding with City. In no event shall Developer receive retroactive adjustments for lower fees.

Compliant Project has been completed and the appropriate LTMF was collected.
9 Section 3.05 Regional Traffic Fee. Developer shall pay the ECCRFA regional traffic fee should it be imposed by the City in an amount equal to or less than the amount paid by projects in the Cities of Antioch, Brentwood, and Oakley or in accordance with the existing valid MOU dated June 29, 2010, as amended, whichever is less.

Compliant Project has been completed and the appropriate RTF was collected.
10 Section 3.06 Fees, Assessments and/or Taxes to be Paid by Developer. Developer agrees to pay its fair share of any levies imposed by any assessment district, landscaping and lighting district, community facilities district, tax-exempt financing mechanisms, or other funding mechanisms related to public safety; traffic; sewer; water; fire; the prevention, mitigation, abatement, or control of geologic hazards; or other infrastructure improvements (including, without limitation, design, acquisition, construction and maintenance costs) (collectively, “Funding Mechanisms”) within the Project Site, provided that such Funding Mechanism is referenced herein and/or was legally created pursuant to applicable law.

Compliant
11 Section 3.07 Affordable Housing. Developer shall comply with PMC 18.86.080 and Planning Commission Resolution 9985 Condition of Approval No. 5 by constructing at least four (4) rental secondary dwelling units within the Project. A covenant shall be recorded limiting the amount of rent that may be charged for these secondary units, consistent with the terms and conditions set forth in the affordable housing agreement. Prior to the City’s issuance of the first certificate of occupancy Developer agrees to enter into an affordable housing agreement with the City (the “Affordable Housing Agreement”) attached as Exhibit C which further memorializes the provisions of this Section

3.07 and is consistent with applicable law, including Pittsburg Municipal Code Chapter 18.50.

Developer agrees that the secondary dwelling units referenced in this section shall not be built or otherwise allowed on adjoining lots without the prior written approval of the City Manager.

Compliant Affordable Housing Agreements were recorded for 28, 52, 79, and 87 Greystone Place. Planning staff has confirmed construction of each secondary unit.
12 (a) Timing. The Affordable Housing Agreement shall establish provisions to implement the affordable housing requirements within this Agreement and shall include, but not be limited to, implementation and monitoring provisions to ensure compliance with municipal law related to affordable housing.

The agreement shall include provisions for the reasonable reimbursement of costs to the City for the administration and monitoring of the agreement.

Compliant

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DA Section Condition/Requirement Status Comments Action Items 13 (b) Inclusionary Housing Ordinance. Notwithstanding any provision of this Agreement, in the event that the City has rescinded its respective previously adopted affordable housing ordinance and not replaced it with another affordable housing or similar ordinance, or such ordinance has been declared illegal, Developer shall not be obligated to comply with the provisions for affordable housing set forth in this Agreement. In the event, prior to or during the development of the Project, the City amends or replaces or eliminates its affordable housing ordinance which would result in a reduction in the number of secondary units Developer is obligated to construct, then the Affordable Housing Agreement shall be modified to provide for an equivalent reduction in the number of secondary units required to be constructed in the Project or elimination of the requirement.

Compliant
14 Section 3.08 C.3 Facilities. Developer shall construct the C.3 facilities offsite on land owned by the City. Should the C.3 regulations be revised in the future such that the size of the facilities may be decreased, Developer shall have the right to reduce the size of the proposed facilities subject to written approval by the City Manager and may seek entitlements to develop the eliminated property for residential uses. Developer shall also have the right to construct or participate in the funding of offsite C.3 facilities as approved by the City Manager in writing.

Compliant Project area was annexed to CFD No. 2016-1 (Maintenance of Project Facilities) Ordinance No. 16-1404.
15 Section 3.09 Security Improvements.
16 (a) Developer shall allow the City to install a camera on the commercial building adjacent to the Property. The City and Developer will execute an access rights agreement detailing the obligations of each Party pursuant to this Section.

Emailed Fritz on 10/18
17 (b) Developer shall install the basic home security wiring in the Project homes (defined herein as wiring for a basic home security system on the first floor windows and doors only). Developer shall offer one year of professional monitoring service to new homeowners. The monitoring service shall be at the election of the new homeowner
Compliant
18 Article IV - Obligations of the
City
19 Section 4.01 Obligations of City Generally. The parties acknowledge and agree that Developer’s agreement to perform and abide by its covenants and obligations set forth in this Agreement, including Developer’s decision to process the siting of the Project in the City, is a material consideration for City’s agreement to perform and abide by the long term covenants and obligations of City, as set forth herein.

Not Applicable
20 Section 4.02 Availability of Public Services.
21 (a) General. To the extent permitted by law and consistent with its authority, City shall reserve such capacity for water services as may be necessary to serve the Project. This reservation of water infrastructure capacity shall be assured for the Term to the extent consistent with applicable law.

Compliant
22 (b) Construction Water. City shall make construction water available to the Project by permitting the Project to hook up to existing City water supply infrastructure, at a location reasonably determined by the City, at Developer’s cost and on those terms and conditions and charges customarily applied by City to similar projects consistent with City standards. City shall also permit Developer to install such temporary construction water pipelines and related infrastructure as reasonably necessary to provide construction water to the Project site for Developer’s use in any and all Project grading and construction operations, as long as such water is unrelated to potable use.

Compliant
23 Section 4.03 Developer’s Right to Rebuild. City agrees that Developer, in Developer sole’s discretion, may renovate or rebuild the Project within the Term of this Agreement should it become necessary due to natural disaster, changes in seismic requirements, acts of God, acts of terrorism, or damage to work in progress by reason of fire, floods or other casualties. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA and this Agreement.

Compliant There has been no need to exercise this provision of the agreement.
24 Section 4.04 Reimbursement of Infrastructure Costs.
25 (a) Reimbursement. Unless otherwise provided for herein, to the extent Developer incurs costs related to the planning and construction of traffic infrastructure, water delivery infrastructure, the off-site water tank, pump station, sewer infrastructure or other public infrastructure required by City or this Agreement for the Project that exceed the Project’s fair share obligation for such infrastructure, City shall reimburse Developer for the City’s portion of such costs (including any management fees provided for in this Agreement), subject to City’s prior verification through inspection of the construction that is subject to such reimbursement and upon final acceptance of the infrastructure by the City. This reimbursement shall be paid within sixty (60) days after City’s final acceptance or at such other time as mutually agreed upon in writing by the parties. Developer shall be entitled to a management fee of five percent (5%) for City’s share of approved infrastructure costs, including but not limited to design and special inspection costs. The management obligations of Developer hereunder shall include contracting and managing the construction of the infrastructure, retaining copies of records, photographs and “as builts” for the improvement(s) as well as attending meetings and providing necessary reports as reasonably requested by City.

Compliant There has been no need to exercise this provision of the agreement.

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DA Section Condition/Requirement Status Comments Action Items 26 (b) City’s Authorization of Reimbursement. Notwithstanding any other provision of this Section, of this Agreement, or of VTM provisions, City shall not be responsible to reimburse or credit Developer for any costs, including as referenced in Section 4.04(a) herein, unless prior to Developer incurring any costs for which Developer will request reimbursement from City, Developer shall first provide written documentation as to the work to be performed, the estimated costs thereof, including a not-to-exceed cap, and such other details as reasonably requested by the City Manager and the City Manager approves the proposed costs and related work. If the City Manager fails to respond with thirty (30) days of its receipt of such estimated costs, Developer shall provide a second written notice to the City Manager and to the City Engineer, if neither responds within thirty (30) days of the City’s receipt of the second request, the request shall be deemed approved. The City Manager shall have the discretion to require Developer to obtain competitive bids on any work for which Developer may request reimbursement or credit from the City where the total cost (not just the City’s share) of that work is One Hundred Thousand Dollars ($100,000) or more. City shall also have the opportunity to inspect any and all infrastructure during its construction, as well as to review any work product for which Developer requests reimbursement or credits. If mutually agreed by the parties in writing, any reimbursement due Developer pursuant to this Agreement may be satisfied by City in the form of credits, which can actually be used by Developer to offset Developer’s payment of any Applicable Fees. In the event there are not enough credits to fully satisfy the reimbursement due Developer and subject to the terms of the mutual agreement between the parties referenced in the prior sentence, City shall reimburse Developer within thirty (30) days of invoicing.

Compliant There has been no need to exercise this provision of the agreement.
27 Section 4.05 Park Fee Credit. Developer and City agree that the park in-lieu fee amount will be $9.40 per square foot, increased annually by the CPI for the San Francisco-Oakland area, with the first increase implemented in January 2017 reflecting 2016 increases.

Not Applicable The developer paid parkland dedication fees. 28 Article V - Cooperation -
Implementation
29 Section 5.01 Processing Application for Subsequent Approvals. The parties agree that all Subsequent Approvals shall be processed by City in a manner consistent with the following provisions:
32 Section 5.02 Timely Submittals by Developer. Developer acknowledges that City cannot expedite processing of the Subsequent Approvals until Developer submits complete applications on a timely basis.

Developer shall use its best efforts to (i) provide to City in a timely manner any and all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder; and (ii) cause Developer’s planners, engineers, and all other consultants to provide to City in a timely manner all such documents, applications, plans and other necessary materials as set forth in the Applicable Law. It is the express intent of Developer and City to cooperate and diligently work to obtain any and all Subsequent Approvals consistent with this Agreement.

Compliant
33 Section 5.03 Timely Processing by City. Upon submission by Developer of all appropriate applications and processing fees for any Subsequent Approval, City shall promptly and diligently commence and complete all steps necessary to act on the Subsequent Approval applications including, without limitation, (i) providing at Developer’s expense and subject to Developer’s request and prior written approval, reasonable overtime staff assistance and/or staff consultants for planning and processing of each Subsequent Approval application; (ii) if legally required, providing notice and holding public hearings; and (iii) acting on any such Subsequent Approval application. If Developer elects to request and approve the use of overtime staff assistance or staff consultants for planning and processing of any Subsequent Approval pursuant to this Section 5.03, Developer’s reimbursement to City for such services shall be made in amount equal to City’s actual costs of providing such services, in accordance with standard City practice.

Compliant
34 Section 5.04 Other Government Permits. At Developer’s sole discretion and in accordance with Developer’s construction schedule, Developer shall apply for such other permits and approvals as may be required by other governmental or quasi-governmental entities in connection with the development of, or the provision of services to, the Project. City shall cooperate with Developer in its efforts to timely obtain such permits and approvals and shall, from time to time, at the request of Developer, use its best efforts to ensure the timely availability of such permits and approvals.

Compliant
35 Section 5.05 Lighting and Landscaping District, Park Maintenance. 36 (a) Developer agrees that the Project Site will be annexed into the City’s existing Lighting and Landscaping District, as established pursuant to City Resolution No. 88 7324 (“LLD”), as well as City’s Community Facilities District 2007 1 for park maintenance (“CFD”), City’s Community Facilities District for maintenance of C.3 facilities and, to the extent permitted by law, that the Project shall be assessed in a manner consistent with the provisions herein.

Compliant
37 (b) Developer agrees that the base assessment applies to the Project and is subject to increase, provided any such increase of the base assessment imposed uniformly or similarly situated properties by City in a manner consistent with State law. Developer further agrees that the base assessment shall be levied upon recordation of each of the Project’s final maps. The parties agree that the base LLD assessment described herein shall finance, among other things, the maintenance of any and all landscape improvements and the maintenance of the parks.

Compliant
38 Section 5.06 Police Services CFD. Developer agrees to take all steps necessary to include the Project Site into the City’s existing police services Community Facilities District 2004 1, as adopted pursuant to Resolution No. 04 10071 (the “Police Services District”) at no cost to the City, in order to provide for police and other emergency services to the Project Site. This process shall be completed, to the reasonable satisfaction of the City Manager and the City Attorney, before filing the first final map on the Project. Each legal residential lot located on the Project Site will be required to pay the levy by the Police Services District no earlier than the issuance of a building permit for such lot.

Compliant
39 Section 5.07 Assessment Districts or Other Funding Mechanisms.

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DA Section Condition/Requirement Status Comments Action Items 40 (a) City understands that City’s long term assurances to Developer concerning fees, taxes and assessments related to the Project are a material consideration for Developer agreeing to process the siting of the Project in its present location and to pay the fees, taxes and assessments described in this Agreement. City shall retain the ability to initiate or process applications for the formation of new assessment districts or other Funding Mechanisms, as defined in Section 3.06 of this Agreement, covering all or any portion of the Project site. Notwithstanding the foregoing, Developer retains all its rights to oppose the formation or proposed assessment of any new assessment district, Funding Mechanism, or any and all increases thereto, or to request or pursue assessment credits or reductions, unless otherwise provided for herein or unless such assessment, Funding Mechanism or related increases are in place and legally effective as of the date of this Agreement’s Effective Date.

Compliant
41 (b) At the request of Developer, City shall cooperate in the formation of, or annexation to, those assessment districts, landscaping and lighting districts, community facilities districts, tax-exempt financing mechanisms, or other Funding Mechanisms that Developer and City determine are needed to fund infrastructure improvements and to ensure the orderly development of the Project, at no cost to the City or to the GHAD. City shall diligently and expeditiously process applications by Developer necessary to establish such Funding Mechanisms as long as (i) the application complies with law, (ii) is consistent with City’s standards, and (iii) provides for a lien to value ratio and other financial terms that are reasonably acceptable to City, and which will result in no commitment of City or GHAD funds. City shall diligently seek to sell any bonds to be issued and secured by such assessments upon the best terms reasonably available in the marketplace. Any and all costs associated with this Section shall be borne and/or advanced by Developer.

Compliant
42 Section 5.08 Warranty Bonds. Developer agrees that every infrastructure improvement dedicated to City (except landscaping, unimproved real property or open space dedications) pursuant to this Agreement shall be accompanied by a one (1) year warranty bond in a form and in an amount, and with a surety acceptable to City, or otherwise as determined in the applicable Subdivision Improvement Agreement.

Compliant
43 Section 5.09 General Plan Maintenance Fee. Developer agrees to pay a development related fee to help fund the maintenance of the Pittsburg General Plan. The General Plan Maintenance Fee will be $125.00 per building permit.

Compliant Funds were paid on 8/9/16 for a total of $4,750. 44 Article VI - Standards, Laws
and Proceedures Governing the
Project
45 Section 6.01 Vested Right to Develop. Developer shall have a vested right to develop the Project on the Project Site in substantial conformance with the terms and conditions of this Agreement, the Project Approvals (as and when issued), the Subsequent Approvals (as and when issued), and amendments thereto as shall, from time to time, be approved pursuant to this Agreement. Nothing in this Section

6.01 shall be deemed to eliminate or diminish the requirement of Developer to obtain any required Subsequent Approvals.

Compliant
46 Section 6.02 Permitted Uses Vested by This Agreement. The permitted uses of the Project Site; the density and intensity of use of the Project Site; the maximum height, bulk and size of proposed buildings; provisions for reservation or dedication of land for public purposes and the location of public improvements; the general location of public utilities; and other terms and conditions of development applicable to the Project, shall be as set forth in the Project Approvals and, as and when they are issued (but not in limitation of any right to develop as set forth in the Project Approvals), the Subsequent Approvals.

Compliant
47 Section 6.03 Applicable Law. “Applicable Law” shall mean the existing rules, regulations, official policies, standards and specifications governing permitted uses of the project site; governing density; and governing design, improvements, and construction standards and specifications applicable to the Project and Project site as set forth in this Agreement and the Project Approvals, and in force and effect on the Effective Date of this Agreement. However, this Agreement and this Section shall not be construed to prevent the City, in any subsequent actions applicable to the Project Site, from applying any new rules, regulations, official policies, standards, and specifications that do not conflict with those rules, regulations, official policies, standards, and specifications existing as of the Effective Date of the Agreement.

Compliant
48 Section 6.04 Uniform Codes. Notwithstanding any other provision of this Agreement, City may apply to the Project Site, at any time during the Term, the then current Uniform Building Code and other uniform construction codes as properly modified by City and uniformly applied on a citywide basis, and City’s then current design and construction standards for road and storm drain facilities. In no event shall any such uniform code or standard be adopted for the purpose of preventing or otherwise limiting construction of all or any part of the Project.

Compliant
49 Section 6.05 Moratorium and Conflicting Enactments. To the extent consistent with State Law, if any ordinance, resolution or other measure is enacted, whether by action of City, by initiative, referendum, or otherwise, that imposes a building moratorium, a limit on the rate of development, or a voter-approval requirement which would otherwise affect the timely development of the Project on all or any part of the Project Site, City agrees that such ordinance, resolution or other measure shall not apply to the Project, the Project Site, this Agreement, the Project Approvals, or the Subsequent Approvals, if any, during the term of this Agreement, unless the building moratorium is imposed as part of a declaration of a local emergency or state of emergency as defined in Government Code Section 8558.

Developer reserves the right to challenge in court any City action or inaction which Developer believes is in conflict with Applicable Law or this Agreement.

Compliant No moratoria or conflicting enactments were adopted during this review period.

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DA Section Condition/Requirement Status Comments Action Items 50 Section 6.06 Life of Subdivision Maps, Development Approvals, and Permits. To the extent consistent with Applicable Law, the term of any subdivision map or any other map, permit, rezoning or other land use entitlement approved as a Project Approval or Subsequent Approval shall automatically be extended for the duration of this Agreement, including any extensions. The term of this Agreement and any subdivision map or other Project Approval or Subsequent Approval shall not include any period of time during which any applicable development moratorium (including, but not limited to, a water or sewer moratorium) or the actions of other public agencies that regulate land use, development or the provision of services to the land, prevents, prohibits or delays the construction of the Project. The term of this Agreement and any subdivision map or other Project Approval or Subsequent Approval shall not include any period of time during which any applicable court order or other legal requirement prevents the processing of any Subsequent Approval or prevents any Project development activities Compliant Project construction is completed.
51 Section 6.07 State and Federal Law. As provided in California Government Code § 65869.5, if any state or federal laws or regulations, enacted after this Agreement’s Effective Date prevent or preclude compliance with one or more provisions of this Agreement (“Changes in the Law”), such provision of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations as may be necessary to comply with Changes in the Law, and City and Developer shall take such action as may be required pursuant to this Agreement including, without limitation, Article V and Section 10.05. Not in limitation of the foregoing, nothing in this Agreement shall preclude City from imposing on Developer any fee specifically required by State or Federal laws and regulations.

Compliant There has been no need to exercise this provision of the agreement.
52 Section 6.08 Timing of Project Construction and Completion. 53 (a) Project Phasing. The Project may be built in phases in response to then-existing market conditions over the Term of the Agreement. Except as otherwise specifically provided by this Agreement with respect to Project infrastructure timing, City and Developer expressly agree that there is no requirement that Developer initiate or complete development of the Project or any particular phase of the Project within any particular period of time, and City shall not impose such a requirement on any Project Approval. The parties acknowledge that Developer cannot at this time predict when or the rate at which or the order in which phases will be developed. Such decisions depend upon numerous factors which are not within the control of Developer, such as market demand, interest rates, competition and other similar factors.

Compliant Construction of project is complete.
54 (b) The parties agree that Developer shall be able to develop in accordance with Developer’s own time schedule as such schedule may exist from time to time, and Developer shall determine which part of the Project Site to develop first, and at Developer’s chosen schedule. In particular, and not in limitation of any of the foregoing, since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to consider and expressly provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ desire to avoid that result by acknowledging that Developer shall have the right to develop the Project in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. Developer’s rights under this Section 6.08(b) shall be subject to the requirement that adequate infrastructure to serve each phase of the Project is constructed concurrently with such phase. The City Manager shall reasonably determine what infrastructure will be required to serve each phase of the Project, which determination shall be consistent with Applicable Law.

Compliant
55 (c) Nothing in this Agreement shall exempt Developer from completing work required by a subdivision agreement, road improvement agreement or similar agreement in accordance with the terms thereof.

Compliant
56 Section 6.09 Exempting Fees, Mitigation Measures and Similar Requirements Imposed by Outside Agencies.

Notwithstanding any other provision of this Agreement, the City agrees to exclude Developer from any and all discretionary collection agreements regarding fees, mitigation measures and similar requirements including, but not limited to, development impact fees, which other public agencies request the City to impose at City’s discretion on the Project or on the Project Site after the Effective Date through the Term of this Agreement. This Section 6.09 shall not prohibit the City from imposing on Developer any fee, mitigation measure or similar requirement or obligation that is required by a local or regional agency in accordance with local, regional, State or Federal obligations and implemented by the City in cooperation with such local, regional, state or federal agency, provided such fee, mitigation measure or similar requirement or obligation is imposed in a similar manner on similarly situated properties within the City as, for example, stormwater-related C.3 requirements and increases thereto.

Compliant
57 Section 6.10 City’s Joint-Inspection Jurisdiction. Developer acknowledges that City has joint inspection jurisdiction within other third-party governmental entities within any and all City rights-of-way and easements.

Not Applicable
58 Article VII - Amendment
59 Section 7.01 Amendment to Project Approvals, Subsequent Approvals. To the extent permitted by State and Federal law, any Project Approval or Subsequent Approval may, from time to time, be amended or modified in the following manner:

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DA Section Condition/Requirement Status Comments Action Items 60 (a) Administrative Project Amendments. Upon the written request of Developer for an amendment or modification to a Project Approval or Subsequent Approval, the City Manager or his/her designee shall determine: (i) whether the requested amendment or modification is minor when considered in light of the Project as a whole; and (ii) whether the requested amendment or modification is consistent with this Agreement, Applicable Law, applicable uniform codes and State or Federal law.

If the City Manager or his/her designee finds that the proposed amendment or modification is minor in the context of the entire Project, consistent with this Agreement and Applicable Law, and will result in no new significant environmental impacts not addressed and mitigated in the EIR, the amendment shall be determined to be an “Administrative Project Amendment” and the City Manager or his designee may, except to the extent otherwise required by law, approve the Administrative Project Amendment without notice and public hearing. Without limiting the generality of the foregoing, lot line adjustments, reductions in the density, intensity, scale or scope of the Project, minor alterations in vehicle circulation patterns or vehicle access points, changes in trail alignments, minor variations in lot layouts, substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan, variations in the location of structures that do not substantially alter the design concepts of the Project, variations in the location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the Project, and minor adjustments to the Project Site diagram or Project Site legal description shall be treated as Administrative Project Amendments.

Compliant There has been no need to exercise this provision of the agreement.
61 (b) Non-Administrative Project Amendments. Any request of Developer for an amendment or modification to a Project Approval or Subsequent Approval which is determined not to be an Administrative Project Amendment as set forth above shall be subject to review, consideration and action pursuant to the Applicable Law and this Agreement.

Compliant There has been no need to exercise this provision of the agreement.
62 Section 7.02 Amendment of this Agreement. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the parties hereto or their successors in interest, as follows:
63 (a) Administrative Agreement Amendments. The City Manager, or his/her designee, may, except to the extent otherwise required by law, enter into certain amendments of this Agreement on behalf of the City as long as any such amendment does not substantially affect (i) the Term of this Agreement, (ii) permitted uses of the Project Site, (iii) provisions for the reservation or dedication of land, (iv) conditions, terms, restrictions or requirements for subsequent discretionary actions, (v) the density or intensity of use of the Project Site or the maximum height or size of proposed buildings or (vi) monetary contributions by Developer (“Administrative Agreement Amendment”), and shall not, except to the extent otherwise required by law, require notice or public hearing before the parties may execute an amendment hereto. For purposes of this Section 7.02(a), the term “substantially affect” shall be evaluated in the context of the entire Project.

Compliant There has been no need to exercise this provision of the agreement.
64 (b) Amendment Exemptions. No amendment of a Project Approval or Subsequent Approval, whether done administratively or not, shall require an amendment to this Agreement. Instead, any such matter automatically shall be deemed to be incorporated into the Project and vested under this Agreement when written and executed by both parties.

Compliant There has been no need to exercise this provision of the agreement.
65 (c) Amendment Limitations. In consideration of the scope of the benefits to City set forth in this Agreement, any amendment to this Agreement shall only be subject to such new terms and conditions, including new exactions or other obligations, as are reasonably related to the impacts on City directly attributable to such amendment.

Compliant There has been no need to exercise this provision of the agreement.
66 Article VIII - Assignment,
Transfer and Notice
67 Section 8.01 Assignment of Interests, Rights and Obligations. Developer may transfer or assign all or any portion of its interests, rights or obligations under this Agreement, the Project Approvals or Subsequent Approvals to third parties acquiring an interest or estate in the Project or any portion thereof including, without limitation, purchasers or ground lessees of lots, parcels or facilities.

Compliant There has been no need to exercise this provision of the agreement.
68 Section 8.02 Transfer Agreements.
69 (a) In connection with the transfer or assignment by Developer of all or any portion of the Project (other than a transfer or assignment by Developer to an affiliated party, any deed of trust beneficiary or mortgagee, or a “Non-Assuming Transferee” (as defined in Section 8.03), Developer and the transferee shall enter into a written agreement (a “Transfer Agreement”) regarding the respective interests, rights and obligations of Developer and the transferee in and under the Agreement, the Project Approvals, and the Subsequent Approvals. Such Transfer Agreement may (i) release Developer from obligations under the Agreement, the Project Approvals, or the Subsequent Approvals that pertain to that portion of the Project being transferred or assigned, as described in the Transfer Agreement, provided that the transferee expressly assumes such obligations, (ii) transfer to the transferee vested rights to improve that portion of the Project being transferred and (iii) address any other matter deemed by Developer to be necessary or appropriate in connection with the transfer or assignment.

Compliant There has been no need to exercise this provision of the agreement.
70 (b) Any Transfer Agreement shall be binding on Developer, City and the transferee and, unless otherwise provided for in Section 8.03 of this Agreement, shall require the City’s prior written consent, which consent shall not be unreasonably withheld. Failure by City to respond within thirty (30) days of a written request by Developer for City’s consent shall be deemed City’s approval of the Transfer Agreement in question. City may refuse to give its consent only if, in light of the proposed transferee’s reputation and financial resources, such transferee would not in City’s reasonable determination be able to perform the obligations proposed to be assumed by such transferee. Such determination shall be made by the City Manager and is appealable to the City Council. In no event, however, shall City refuse to give its consent to a proposed transferee pursuant to this Section

8.02(b) if such transferee has a net worth of at least Ten Million Dollars ($10,000,000) documented in a manner reasonably acceptable to City. Upon recordation of any Transfer Agreement in the Official Records of Contra Costa County, Developer shall automatically be released from those obligations assumed by the transferee therein.

Compliant There has been no need to exercise this provision of the agreement.

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DA Section Condition/Requirement Status Comments Action Items 71 (c) Developer shall be free from any and all liabilities accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a transferee pursuant to a Transfer Agreement.

No breach or default hereunder by any person succeeding to any portion of Developer’s obligations under this Agreement shall be attributed to Developer, nor may Developer’s rights hereunder be canceled or diminished in any way by any breach or default by any such person.

Compliant There has been no need to exercise this provision of the agreement.
72 Section 8.03 Non-Assuming Transferees. Except as otherwise required by Developer in Developer’s sole discretion, the burdens, obligations and duties of Developer under this Agreement shall terminate with respect to, and neither a Transfer Agreement nor City’s consent shall be required in connection with (i) any single residential parcel conveyed to a purchaser, (ii) any property transferred as fewer than ten (10) lots to a single retail builder or (iii) any property that has been established as one or more separate legal parcels for office, commercial, open space, park, school or other nonresidential uses. The transferee in such a transaction and its successors (“Non-Assuming Transferees”) shall be deemed to have no obligations under this Agreement, but shall continue to benefit from the vested rights provided by this Agreement for the duration of the Term. Nothing in this Section 8.03 shall exempt any property transferred to a Non-Assuming Transferee from payment of applicable fees and assessments or compliance with applicable conditions of approval.

Compliant There has been no need to exercise this provision of the agreement.
73 Section 8.04 Notice of Compliance Generally. Subject to City’s finding that the facts contemplated by clauses (i) through (iii) herein are true and accurate, within thirty (30) days following any written request which Developer may make from time to time, City shall execute and deliver to Developer (or to any party requested by Developer) a written “Notice of Compliance,” in recordable form, duly executed and acknowledged by City, that certifies that (i) this Agreement is unmodified and in full force and effect, or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications, (ii) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such default, and (iii) any other information reasonably requested by Developer. City’s failure to deliver such notice within such time period shall constitute a conclusive presumption against City that this Agreement is in full force and effect without modification except as may be represented by the Developer and that there are no uncured defaults in the performance of the Developer, except as may be represented by the Developer. Developer shall have the right at Developer’s sole discretion, to record the Notice of Compliance.

Compliant There has been no need to exercise this provision of the agreement.
74 Article IX - Cooperation in
the Event of Legal Challenge
75 Section 9.01 Cooperation.
76 (a) Developer agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents and consultants from any and all administrative, legal or equitable actions or other proceedings instituted by any person not a party to this Agreement challenging the validity of the Agreement or any Project Approval or any Subsequent Project Approval, or otherwise arising out of or stemming from this Agreement. Developer may select its own legal counsel to represent Developer’s interests at Developer’s sole cost and expense. The parties shall cooperate in defending such action or proceeding. Developer shall pay for City's costs of defense, whether directly or by timely reimbursement on a monthly basis. Such costs shall include, but not be limited to, all court costs and attorneys' fees expended by City in defense of any such action or other proceeding, plus staff and City Attorney time spent in regard to defense of the action or proceeding.

The parties shall use best efforts to select mutually agreeable defense counsel but, if the parties cannot reach agreement, City may select its own legal counsel and Developer agrees to pay directly or timely reimburse on a monthly basis City for all such court costs, attorney fees, and time referenced herein.

Compliant There has been no need to exercise this provision of the agreement.
77 (b) Developer also agrees to indemnify, defend and hold harmless the City, its officials, officers, employees, agents and consultants from any claims, costs, damages or other liabilities for any personal injury or death, or property damage, resulting from the construction of the Project or of operations by the Developer, its officers, employees, agents or consultants, under this Agreement, except for such claims, costs, damages, or other liabilities which are caused by the sole or gross negligence of the City, its officials, officers, employees, agents, or consultants. Developer may select its own legal counsel to represent Developer’s interests at Developer’s sole cost and expense.

Compliant There has been no need to exercise this provision of the agreement.
78 (c) The parties agree that this Section 9.01 shall constitute a separate agreement entered into concurrently, and that if any other provision of this Agreement, or the Agreement as a whole, is invalidated, rendered null, or set aside by a court of competent jurisdiction, the parties agree to be bound by the terms of this Section 9.01, which shall survive such invalidation, nullification or setting aside.

Compliant There has been no need to exercise this provision of the agreement.
79 Section 9.02 Cure; Reapproval.
80 (a) If, as a result of any administrative, legal or equitable action or other proceeding as described in Section 9.01, all or any portion of this Agreement, Project Approvals, or Subsequent Approvals are set aside or otherwise made ineffective by any judgment (a “Judgment”) in such action or proceeding (based on procedural, substantive or other deficiencies, hereinafter “Deficiencies”), the parties agree to use their respective best efforts to sustain and reenact or readopt this Agreement, Project Approvals, and/or Subsequent Approvals that the Deficiencies relate to, as follows, unless the parties mutually agree in writing to act otherwise:

Compliant There has been no need to exercise this provision of the agreement.
81 (i) If any Judgment requires reconsideration or consideration by City of this Agreement, Project Approval, or Subsequent Approval, then the City shall consider or reconsider that matter in a manner consistent with the intent of this Agreement. If any such Judgment invalidates or otherwise makes ineffective all or any portion of this Agreement or any Project Approval, or Subsequent Approval, then the parties shall cooperate and shall cure any Deficiencies identified in the Judgment or upon which the Judgment is based in a manner consistent with the intent of this Agreement and the Judgment.

Upon the parties cure of such Deficiencies, City shall then take steps consistent with the Judgment necessary readopt or reenact this Agreement and any applicable Project Approval, Subsequent Approval, or any portion thereof.

Compliant There has been no need to exercise this provision of the agreement.

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DA Section Condition/Requirement Status Comments Action Items 82 (ii) Acting in a manner consistent with the intent of this Agreement or a Judgment includes, but is not limited to, recognizing that the parties intend that Developer may develop a thirty-eight (38) single- family residential unit project, and adopting such ordinances, resolutions, and other enactments, including but not limited to a general plan amendment, rezoning, vesting subdivision map approvals, development plan approvals, PD Plan approvals, design review, improvement agreements, use permits, grading permits, building permits, lot line adjustments, sewer and water connection permits, certificates of occupancy, final development plans, development agreements, permits, resubdivisions, and any amendments to, or repealing of, any of the foregoing as are necessary to readopt or reenact all or any portion of this Agreement, Project Approvals, and/or Subsequent Approvals without contravening the Judgment.

Compliant There has been no need to exercise this provision of the agreement.
83 (b) The parties agree that this Section 9.02 shall constitute a separate agreement entered into concurrently, and that if any other provision of this Agreement, or the Agreement as a whole, is invalidated, rendered null, or set aside by a court of competent jurisdiction, the parties agree to be bound by the terms of this Section 9.02, which shall survive such invalidation, nullification or setting aside.

Compliant There has been no need to exercise this provision of the agreement.
84 Article X - Default, Remidies,
Termination
85 Section 10.01 Defaults. Any failure by either party to perform any term or provision of this Agreement, which failure continues uncured for a period of thirty (30) days following written notice of such failure from the other party (the “Complaining Party”) (unless such period is extended by mutual written consent), shall constitute a default under this Agreement. The Complaining Party’s notice (“Default Notice”) shall specify the nature of the alleged failure and, may specify the manner in which the failure satisfactorily may be cured By the other party (the “Defaulting Party”). Any failures or delays by a Complaining Party in asserting any of its rights and remedies as to any default shall not operate as a waiver of a default or of any such rights or remedies. Delays by a Complaining Party in asserting any of its rights and remedies shall not deprive the Complaining Party of its right to institute and maintain any actions or proceedings, which it may deem necessary to protect, assert, or enforce any such rights or remedies. If the nature of the alleged failure is such that it cannot reasonably be cured within such 30-day period, then no fault shall be deemed to have occurred if: (a) the cure shall be commenced at the earliest practicable date following receipt of the Default Notice; (b) the cure is diligently prosecuted to completion at all times thereafter; (c) at the earliest practicable date (if no event later than thirty (30) days after the Defaulting Party’s receipt of the Default Notice), the Defaulting Party provides written notice to the Complaining Party that the cure cannot practicably be completed within such 30-day period; and (d) the cure is completed at the earliest practicable date.

In no event shall Complaining Party be precluded from exercising remedies if a default is not cured within one hundred twenty (120) days after the Notice of Default is given. Complaining Party shall not send notice to any third party, including, but not limited to, bonding and surety companies, until such time as the cure opportunities set forth above have expired unless otherwise required by applicable law. Upon the occurrence of a default under this Agreement, the Complaining Party may institute legal proceedings to enforce the terms of this Agreement or, in the event of a material default, terminate this Agreement. If the default is cured consistent with this Section, then no default shall exist and the Complaining Party shall take no further action.

Compliant There has been no need to exercise this provision of the agreement.
86 Section 10.02 Termination. If City elects to consider terminating this Agreement due to a material default of Developer, then City shall give a notice of intent to terminate this Agreement and the matter shall be scheduled for consideration and review by the City Council at a duly noticed and conducted public hearing. As used herein, a finding of materiality shall be based on the effect of the default in relation to the size and scope of the Project. Developer shall have the right to offer written and oral evidence prior to or at the time of said public hearings. If the City Council determines that a material default has occurred and is continuing, and elects to terminate this Agreement, City shall give written notice of termination of this Agreement to Developer by certified mail and this Agreement shall thereby be terminated sixty (60) days thereafter; provided, however, that if Developer files an action to challenge City’s termination of this Agreement within such 60-day period, then this Agreement shall remain in full force and effect until a trial court has affirmed City’s termination of this Agreement and all appeals have been exhausted (or the time for requesting any and all appellate review has expired).

Compliant There has been no need to exercise this provision of the agreement.
87 Section 10.03 Periodic Review.
88 (a) Conducting the Periodic Review. Throughout the Term of this Agreement, at least once every twelve (12) months following the execution of this Agreement, City shall review the extent of good-faith compliance by Developer with the terms of this Agreement. This review (the “Periodic Review”) shall be conducted by the City Manager or his/her designee and shall be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code § 65865.1. Developer also agrees to pay City annually the greater of Five Thousand Dollars ($5,000) or the actual cost of Periodic Review Fee (not to exceed Ten Thousand Dollars ($10,000)). The Five Thousand Dollars ($5,000) shall be increased annually thereafter by the CPI for the San Francisco Oakland Area, with the first increase implemented in January 2017 reflecting 2016 increases. Such Periodic Review Fee shall only be paid in the years in which a Periodic Review is actually conducted.

In Progress
89 (b) Notice. At least ten (10) days prior to the Periodic Review, and in the manner prescribed in Article 12 of this Agreement, City shall deposit in the mail to Developer a copy of any staff reports and documents to be used or relied upon in conducting the review and, to the extent practical, related exhibits concerning Developer’s performance hereunder. Developer shall be permitted an opportunity to respond to City’s evaluation of Developer’s performance, either orally at a public hearing or in a written statement, at Developer’s election. Such response shall be made to the City Manager.

In Progress

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DA Section Condition/Requirement Status Comments Action Items 90 (c) Good Faith Compliance. During the Periodic Review, the City Manager shall review Developer’s good-faith compliance with the terms of this Agreement. At the conclusion of the Periodic Review, the City Manager shall make written findings and determinations, on the basis of substantial evidence, as to whether or not Developer has complied in good faith with the terms and conditions of this Agreement. The decision of the City Manager shall be appealable to the City Council. If the City Manager finds and determines that Developer has not complied with such terms and conditions, the City Manager may recommend to the City Council that it terminate or modify this Agreement by giving notice of its intention to do so, in the manner set forth in California Government Code §§ 65867 and 65868. The costs incurred by City in connection with the Periodic Review process described herein shall be shared equally by Developer and City.

In Progress
91 (d) Failure to Properly Conduct Periodic Review. If, after thirty (30) days following Developer’s notice requesting a Periodic Review, City fails to initiate the Periodic Review, such failure shall be conclusively deemed an approval by City of Developer’s compliance with the terms of this Agreement.

In Progress
92 (e) Written Notice of Compliance. With respect to any year for which Developer has been determined or deemed to have complied with this Agreement, City shall, within thirty (30) days following a written request by Developer, provide Developer with a written notice of compliance, in recordable form, duly executed and acknowledged by City. Developer shall have the right, in Developer’s sole discretion, to record such notice of compliance.

In Progress
93 Section 10.04 Excusable Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, neither party shall be deemed to be in default where delays in performance or failures to perform are due to, and a necessary outcome of, war, insurrection, terrorism, strikes or other labor disturbances, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, restrictions imposed or mandated by other governmental entities (including new or supplemental environmental regulations), enactment of conflicting State or Federal laws or regulations, or judicial decisions.

Neither party shall be deemed to be in default where delays in performance or failure to perform are due to a court order arising out of or related to litigation attacking the validity of this Agreement, the Project Approvals, the Subsequent Approvals, or any permit, ordinance, entitlement or other action of a governmental agency other than City necessary for the development of the Project. Developer shall not be deemed to be in default where delays in performance or failure to perform are t due to Developer’s inability to obtain materials, power or public facilities (such as water or sewer service) to the Project and unrelated to Developer’s actions or inactions and beyond Developer’s control. Upon the properly noticed request of either party hereto, as required by Section 12.09, an extension of time for the performance of any obligation whose performance has been so prevented or delayed will be set forth in writing. The term of any such extension shall be equal to the period of the excusable delay, or longer, as may be mutually agreed upon in writing.

Compliant There has been no need to exercise this provision of the agreement.
94 Section 10.05 Legal Action. Either party may, in addition to any other rights or remedies, institute legal action to cure, correct, or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation thereof, recover damages for any default, enforce by specific performance the obligations and rights of the parties hereto, or to obtain any remedies consistent with the purpose of this Agreement.

Compliant There has been no need to exercise this provision of the agreement.
95 Section 10.06 California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Compliant
96 Section 10.07 Resolution of Disputes. With regard to any dispute involving development of the Project, the resolution of which is not provided for by this Agreement or Applicable Law, Developer shall, at City’s request, meet with City. The parties to any such meetings shall attempt in good faith to resolve any such disputes. If the parties are then unable to resolve their dispute, either party may commence mediation by providing to JAMS, or its successor, and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may seek equitable relief prior to the mediation to preserve the status quo pending the completion of that process. Except for such an action to obtain equitable relief, neither party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or ninety (90) days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of a civil action, if the parties both agree in writing. The provisions of this Section 10.07 may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorney’s fees, to be paid by the party against whom enforcement is ordered. Nothing in this Section 10.07 shall in any way be interpreted as requiring that Developer and City and/or City’s designee reach agreement with regard to those matters being addressed, nor shall the outcome of these meetings be binding in any way on City or Developer unless expressly agreed to in writing by the parties to such meetings.

Compliant There has been no need to exercise this provision of the agreement.
97 Section 10.08 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 related other costs incurred in that proceeding in addition to any other relief to which it is entitled.

Compliant There has been no need to exercise this provision of the agreement.
98 Section 10.09 Default by City or Developer. In the event City or Developer defaults under the terms of this Agreement, City or Developer shall have all rights and remedies provided herein and under law.

Compliant There has been no need to exercise this provision of the agreement.
99 Article XI - No Agency, Joint
Venture or Partnership

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DA Section Condition/Requirement Status Comments Action Items 100
It is specifically understood and agreed to by and between the parties hereto that unless otherwise expressly provided herein (i) the subject development is a private development; (ii) City have no interest or responsibilities for, or duty to, third parties concerning any improvements until such time, and only until such time, that City accepts the same pursuant to the provisions of this Agreement or in connection with the various Project Approvals or Subsequent Approvals; (iii) Developer shall have full power over and exclusive control of the Project herein described, subject only to the limitations and obligations of Developer under this Agreement, the Project Approvals, Subsequent Approvals, and Applicable Law; and (iv) City and Developer hereby renounce the existence of any form of agency relationship, joint venture or partnership between City and Developer and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between City and Developer. The City agrees that Developer’s obligations under this Agreement related to the construction of Project water, sewer and drainage infrastructure improvements, the grading and construction of traffic improvements, and the grading and construction of any other public improvements (collectively, the “Public Improvements”) are all public works of improvement the City is requiring as a condition of regulatory approval of the Project and that the Project is an otherwise private development. The City further agrees that it will contribute no more money, or the equivalent of money, to the overall Project than is required to construct the Public Improvements and that City maintain no proprietary interest in the overall Project.

Compliant
101
Article XII - Miscellaneous
102
Section 12.01 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.

Not Applicable
103
Section 12.02 Enforceability. City and Developer agree that unless this Agreement is amended or terminated pursuant to the provisions of this Agreement, this Agreement shall be enforceable by any party hereto notwithstanding any change hereafter enacted or adopted (whether by ordinance, resolution, initiative, or any other means) in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance, or any other land use ordinance or building ordinance, resolution or other rule, regulation or policy adopted by City that changes, alters or amends the rules, regulations and policies applicable to the development of the Project Site at the time of the approval of this Agreement as provided by California Government Code § 65866. In the event of any conflict between the provisions of this Agreement and Applicable Law, the Project Approvals or any Subsequent Approval, this Agreement shall prevail.

Not Applicable
104
Section 12.03 Findings. City hereby finds and determines that execution of this Agreement furthers public health, safety and general welfare and that the provisions of this Agreement are consistent with the General Plan.

Not Applicable
105
Section 12.04 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.

Not Applicable
106
Section 12.05 Other Necessary Acts. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out the Project Approvals, Subsequent Approvals and this Agreement and to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder.

Not Applicable
107
Section 12.06 Construction. Each reference in this Agreement to this Agreement or any of the Project Approvals or Subsequent Approvals shall be deemed to refer to the Agreement, Project Approval or Subsequent Approval as it may be amended from time to time, whether or not the particular reference refers to such possible amendment. 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.

Not Applicable
108
Section 12.07 Other Miscellaneous Terms. The singular shall include the plural; the masculine gender shall include the feminine; “shall” is mandatory; “may” is permissive. If there is more than one signer of this Agreement, the signer obligations are joint and several.

Not Applicable
109
Section 12.08 Covenants Running with the Land. All of the provisions contained in this Agreement shall be binding upon the parties and their respective heirs, successors and assigns, representatives, lessees, and all other persons acquiring all or a portion of the Project, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to California law including, without limitation, California Civil Code § 1468. Each covenant herein to act or refrain from acting is for the benefit of or a burden upon the Project, as appropriate, runs with the Project Site and is binding upon the owner of all or a portion of the Project Site and each successive owner during its ownership of such property.

Not Applicable

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DA Section Condition/Requirement Status Comments Action Items 110
Section 12.09 Notices. Any notice or communication required hereunder between City or Developer must be in writing, and may be given either personally, by fax (with original forwarded by regular U.S. Mail) by registered or certified mail (return receipt requested), or by Federal or other similar courier promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any party hereto may at any time, by giving ten (10) days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below...

Not Applicable
111
Section 12.10 Entire Agreement, Counterparts and Exhibits. This Agreement is executed in two (2) duplicate counterparts, each of which is deemed to be an original. This Agreement consists of 26 pages and four 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 hereof. All waivers of any provisions of this Agreement shall be in writing and signed by the appropriate authorities of City and Developer. The following exhibits are attached to this Agreement and incorporated herein for all purposes:

Not Applicable
112 EXHIBIT A Legal Description Not Applicable
113 EXHIBIT A-1 Project Site Diagram Not Applicable
114 EXHIBIT B Applicable Fees Not Applicable
115 EXHIBIT C Affordable Housing Agreement Not Applicable 116
Section 12.11 Recordation of Development Agreement. Pursuant to California Government Code § 65868.5, no later than ten (10) days after City enters into this Agreement, the City Clerk shall record an executed copy of this Agreement, or Memorandum thereof, in the Official Records of the County of Contra Costa. The parties agree to cooperate as to preparation, execution, and recording of a Memorandum hereof.

Not Applicable

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11Exported on April 17, 2023 12:41:57 PM PDT
209

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the Execution of the First Amendment to Consulting Services Agreement between City of Pittsburg and Opticos Design, Inc. for the Accessory Dwelling Unit Pre- Approved Plan
MEETING DATE: May 1, 2023

EXECUTIVE SUMMARY
The proposed item would authorize the City Manager to execute the First Amendment to the Consulting Services Agreement with Opticos Design, Inc. in an amount not to exceed $244,475. This amount would allocate an additional $8,000 to the existing Consultant Budget of $236,475 for contract design and consulting services related to streamlining the City’s permitting and entitlement process for multifamily development projects and Accessory Dwelling Unit (ADU) projects.

FISCAL IMPACT
The funding for the ongoing project related to streamlining the City’s permitting and entitlement process for multifamily development projects and Accessory Dwelling Unit projects has been awarded to the City through the California Department of Housing and Community Development (HCD) under the Senate Bill (SB) 2 Planning Grants Program.

The total awarded amount was $310,000. As such, there is no fiscal impact to the City.

RECOMMENDATION
Staff recommends the City Council adopt a Resolution authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement with Opticos Design, Inc. for contract design and consulting services related to streamlining the City’s permitting and entitlement process for multifamily development projects and Accessory Dwelling Unit projects.

BACKGROUND
On March 28, 2019, the California Department of Housing and Community Development released a Notice of Funding Availability (NOFA) for the SB 2 Planning Grants Program (Program) for approximately $123 million for local government planning grants. The 210
Program reflects the State’s commitment to work in partnership with local governments to address California’s critical housing needs. Local governments are using the grant awards to accelerate housing production by streamlining the approval of affordable housing and promoting development consistent with the state’s planning priorities.

In November 2019, following direction from the City Council, staff submitted an application to the SB 2 Planning Grants Program to complete three projects: (1) preparation of Objective Design Standards for Multi-Family Projects, (2) Development of ADU Ordinance updates and ‘Permit-Ready’ Prototype Plans, and (3) Application of Vehicles Miles Travelled as a California Environmental Quality Act impact threshold.

On February 6, 2020, the City was awarded $310,000 under the SB 2 Planning Grants Program for the three projects. To streamline the consultant selection process, staff contacted surrounding cities that had released Requests for Qualifications to complete the Objective Design Standards for Multi-Family Projects and ADU ‘permit-ready’ Prototype Plans projects under SB 2 Planning Grants Program. Upon soliciting proposals from the qualified consulting firms, the City received a proposal from Opticos Design, Inc and one other consulting firm. The City executed a Consultant Service Agreement with Opticos Design, Inc. on November 16, 2020.

SUBCOMMITTEE FINDINGS
The item was not presented to a sub-committee.

STAFF ANALYSIS
Since 2020, City staff has been working on the projects under the SB 2 Planning Grants Program and are nearing completion. To ensure the ADU prototype plans are ‘permit-ready’, the plan set must have Mechanical, Electrical, and Plumbing (MEP) calculations included.

This scope was not included within the original Consultant Service Agreement with Opticos Design, Inc. The additional $8,000 proposed with this First Contract Amendment would cover the cost associated with the drafting of the MEP plans, which is required for Building Permit issuance.

Staff recommends approval of the First Amendment to the Consultant Service Agreement with Opticos, Design, Inc. in an amount not to exceed $8,000 to be utilized for the drafting of MEP plans for the preapproved ADU prototype, which will be free to the public for use in applying for a Building Permit to construct an ADU on their privately owned property in the City.

ATTACHMENTS:

1. Proposed Resolution

2. First Amendment to Consulting Services Agreement Between City of Pittsburg and Opticos Design, Inc.
a. Attachment 1 - Exhibit A, Scope of Services
b. Attachment 2 - Exhibit B, Compensation Schedule
Report Prepared By: Kelsey Gunter, Associate Planner
211
First Amendment to Consulting Services Agreement Between May 1, 2023 City of Pittsburg and Opticos Design, Inc.

FIRST AMENDMENT TO

CONSTULTING SERVICES AGREEMENT BETWEEN
CITY OF PITTSBURG AND OPTICOS DESIGN, INC.

RECITALS

This First Amendment to the Principal Agreement made and entered into on November 16, 2020, hereafter referred to as Agreement, between Opticos Design, Inc., therein referred to as Consultant, and the City of Pittsburg, a municipal corporation, therein referred to as City, is made and entered into on this 1st day of May 2023.

WHEREAS, the parties entered into an Agreement for Design Consulting services to establish a streamlined permitting and entitlement process for multifamily development projects and Accessory Dwelling Unit (“ADU”) projects pursuant to recent State Laws including, but not limited to, SB330, SB9, and SB13; and

WHEREAS, the Agreement between the parties allocated specific services and scope details for two overall tasks; and

WHEREAS, the first task in the Agreement is described as “Scope 1” which includes “Objective Design Standards for Mixed- Use and Multifamily Development” and the second task in the Agreement is described as “Scope 2” which comprises “Accessory Dwelling Unit Pre-Approved Plans + Code Revisions”; and

WHEREAS, the parties desire to amend only “Scope 2” of the Principal Agreement, which includes the addition of services and increase the compensation amount accordingly in the amount of $8000 to prepare Mechanical, Electrical, and Plumbing Plans.

NOW, THEREFORE, Consultant and City do mutually agree as follows:

1. Compensation. Section 2 of the Agreement is hereby amended to read as follows:

City hereby agrees to pay Consultant a sum not to exceed two hundred forty -four thousand, four hundred seventy-five dollars ($244,475), as set forth in Exhibit B, attached hereto and incorporated herein for the performance of Services as detailed in Exhibit A.

Sections 2.1 – 2.6 of the Agreement remain unchanged.

2. Services. Section 1.1 of the Agreement is hereby amended to read as follows:

The term of this Agreement shall begin on the Effective Date and shall end on July 1, 2023 or the date the Consultant completes the services specified in Exhibit A, whichever occurs first, unless the term of the Agreement is otherwise terminated or extended, as references herein.

Sections 1.2 – 1.4 of the Agreement remain unchanged.

212
First Amendment to Consulting Services Agreement Between May 1, 2023 City of Pittsburg and Opticos Design, Inc.

3. Exhibit A Scope of Services. Exhibit A is hereby amended with Attachment 1 of this First Amendment.

4. Exhibit B Compensation Schedule. Exhibit B is hereby replaced with Attachment 2 of this First Amendment.

5. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment.

This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.

6. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.

7. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.

8. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.

9. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.

IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.

CONSULTANT:

OPTICOS DESIGN, INC.

By:

Stephen Pellegrini, Principal

CITY:

CITY OF PITTSBURG, a municipal
corporation of the State of California

By:

Garrett Evans, City Manager

213
First Amendment to Consulting Services Agreement Between May 1, 2023 City of Pittsburg and Opticos Design, Inc.

ATTEST:

By:

Alice Evenson, City Clerk

APPROVED AS TO FORM:

By:

Donna Mooney, City Attorney
214
Attachment 1

EXHIBIT A

SCOPE OF SERVICES

Consultant shall perform the following:

Deliverable: Additional drawings in the preapproved ADU plan set, containing lighting and electrical layout, location and baseline performance specifications of mechanical and plumbing systems, and demonstration of Title 24 compliance, delivered in PDF format.

The work shall be completed by May 31, 2023.
215
ATTACHMENT 2 – COMPENSATION SCHEDULE

216
ATTACHMENT 2 – COMPENSATION SCHEDULE
In addition to task “ 2D” as outlined in the existing compensation schedule from the Principal Agreement, the following Deliverable is proposed:

Deliverable 2D.3:

Additional drawings in the preapproved plan set, containing lighting and electrical layout, location and baseline performance specifications of mechanical and plumbing systems, and demonstration of the Title 24 compliance, delivered in PDF format.

Fee:

The work will be performed as a fixed fee in the amount of $8,000.

Timeline:

The work will be completed by the end of May 2023.
217
Resolution No. 23- Page 1 of 2 May 1, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter Of:

Authorizing Execution of the First Amendment )
To the Consultant Contract Design, Inc. for the )
Preparation of Mechanical, Electrical, and ) RESOLUTION 23- Plumbing Plans for an Accessory Dwelling Unit )
Prototype Plan Set )

WHEREAS, on March 28, 2019, the State of California, Department of Housing and Community Development (HCD) issued a Notice of Funding Availability (NOFA) for the SB 2 Planning Grants Program (Program) for approximately $123 million for local government planning grants; and
WHEREAS, on October 21, 2019, the City Council authorized the City Manager or his designee to apply for and submit to HCD the 2019 SB 2 Planning Grants Program Application in an amount totaling $310,000; and
WHEREAS, on February 6, 2020, the City was awarded an SB 2 Planning Grant for three separate programs, in an amount totaling $310,000; and WHEREAS, on November 16, 2020, the City executed a Consultant Service Agreement with Opticos Design, Inc. for consultant and design professional services to implement two of the three programs proposed in the 2019 Planning Grants Program Application submitted by the City; and
WHEREAS, the two programs that the City and Opticos Design, Inc. have been developing are the implementation of Objective Design Standards and ‘permit-ready’ Accessory Dwelling Unit (ADU) prototype plans. In order to ensure the ADU prototype plans are ‘permit-ready’, the plan set must include calculations and specifications for Mechanical, Electrical, and Plumbing (MEP) details; and
WHEREAS, the $8,000 cost associated with the development of MEP plans for the ADU was not included in original budget or scope of work within the Consulting Services Agreement with Opticos Design, Inc.; and
WHEREAS, the City must have the MEP plans in order to provide a full ‘permit-ready’ ADU prototype plan set; and
WHEREAS, City staff recommends City Council approve the First Amendment to the Consultant Services Agreement between Opticos Design, Inc. and the City of Pittsburg in an amount not to exceed $8,000 for the additional MEP scope of work, or $244,475 for the project in its entirety, and a change in term of the Agreement to have all work completed by July 1, 2023 or the date the Consultant completes the services specified in Exhibit A of the Agreement, whichever occurs first.
218
Resolution No. 23- Page 2 of 2 May 1, 2023
NOW, THEREFORE BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute the First Amendment to the Consulting Services Agreement between the City of Pittsburg and Opticos Design, Inc.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 1st day of May 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
219

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Allocating Additional Funds to Project 3021—City Park Tree Maintenance and Authorizing the City Manager to Execute the First Amendment to the Consultant Services Agreement with Hamilton Tree Service, Inc.

MEETING DATE: May 1, 2023

EXECUTIVE SUMMARY
During the most recent storm events, emergency work began to reduce stress on certain trees in City Park. If approved, the resolution would allocate additional funds to Project 3021—City Park Tree Maintenance (the “Project”) and authorize execution of the First Amendment to the consulting services agreement with Hamilton Tree Service, Inc. for additional tree maintenance and removals in City Park.

FISCAL IMPACT
If approved, the resolution would authorize the allocation of $63,700 from Fiscal Year 2021/22 Measure M Surplus and $30,000 from Fiscal Year 2022/23 General Fund Surplus to the Project.

There are sufficient funds for this allocation, and this is an appropriate use of these funds.

RECOMMENDATION
City Council adopt the attached resolution allocating $63,700 from Fiscal Year 2021/22 Measure M Surplus and $30,000 from Fiscal Year 2022/23 General Fund Surplus to the Project and authorize the City Manager to execute the First Amendment to the Consulting Services Agreement with Hamilton Tree Service, Inc.
220

BACKGROUND
On January 17, 2023, the City Council adopted Resolution No. 23-14233, allocating funds to Project 3021 to continue maintenance practices and tree removals in City Park. Due to recent storm events, funds for the Project were expended for emergency tree maintenance and removal. Additional funds are needed to remove additional trees and perform substantial maintenance on others that remain.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Hamilton Tree Service, Inc. is a local tree service company with specialized equipment, including a crane, to perform the work on the particularly tall trees in City Park. Other local tree companies rent this crane and equipment from Hamilton Tree Service for an additional cost, resulting in a 15% - 25% price increase for the same work with a different company.

Hamilton Tree Service is the sole provider in the region of the equipment to perform this work at a reasonable cost.

ATTACHMENTS: Resolution
Agreement with Hamilton Tree Service
First Amendment to Agreement
Report Prepared By: Natasha Farmer, Administrative Analyst l 221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
Resolution No. 23- Page 1 of 2 April 17, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Allocating Additional Funds to Project )
3021—City Park Tree Maintenance and )
Authorizing the City Manager to Execute) RESOLUTION NO. 23- the First Amendment to the Consulting )
Services Agreement with Hamilton )
Tree Service, Inc. )
WHEREAS, on January 17, 2023, the City Council adopted Resolution No. 23- 14233, allocating funds to Project 3021—City Park Tree Maintenance to perform critical tree maintenance and removals after several atmospheric river events to address water- logged, and failed trees and branches throughout City Park; and WHEREAS, Hamilton Tree Service is a company that exclusively owns the equipment and crane required to perform the City Park tree safety maintenance; and WHEREAS, in March 2023, the City entered into an agreement with Hamilton Tree Service to perform emergency tree safety maintenance in City Park; and WHEREAS, additional funds are needed for removing strained trees and performing substantial maintenance on other trees; and
WHEREAS, staff seeks to amend the agreement to perform additional tree safety maintenance in an amount not to exceed $93,700, with $63,700 coming from Fiscal Year 2021/22 Measure M Surplus and $30,000 from Fiscal Year 2022/23 General Fund Surplus, increasing the project total to an amount not to exceed $243,700.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the allocation of $63,700 from Fiscal Year 2021/22 Measure M Surplus and $30,000 from Fiscal Year 2022/23 General Fund Surplus to Project 3021 and authorizes the City Manager to execute the First Amendment to the Consulting Services Agreement with Hamilton Tree Service, Inc.
245
Resolution No. 23- Page 2 of 2 April 17, 2023
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 1st day of May 2023 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Shanelle Scales-Preston, Mayor
ATTEST:

Alice E. Evenson, City Clerk
246

EXECUTIVE SUMMARY
The One Bay Area Grant 3 (OBAG 3) establishes the policy framework and commitments for investing federal Surface Transportation Block Grant Program (STP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds for a four-year period covering federal Fiscal Year (FY) 2022/23 through FY 2025/26. As part of the OBAG 3 program, the City of Pittsburg must comply with State housing laws related to surplus lands, accessory dwelling units, density bonuses, and the Housing Accountability Act to maintain funding eligibility.

FISCAL IMPACT
No fiscal impact.

RECOMMENDATION
City Council adopt the attached resolution to comply with State housing laws to maintain funding eligibility for the OBAG 3 grant.

BACKGROUND
The OBAG 3 grant funding was adopted by the Metropolitan Transportation Commission (MTC) in January 2022. This grant includes more than $750 million in federal funding for projects from 2023 to 2026.

On July 15,2022, The City of Pittsburg submitted an OBAG 3 application for Pittsburg’s Delta de Anza Multimodal Trail Safety Improvements. The Project was selected to receive $4,427,000 in CMAQ funding.
247
In order to maintain funding eligibility, the City of Pittsburg is required to self-certify compliance with State housing laws related to surplus lands, accessory dwelling units, density bonuses, and the Housing Accountability Act.

SUBCOMMITTEE FINDINGS
The item was not presented to a subcommittee.

STAFF ANALYSIS
The OBAG 3 grant provides dedicated funding within the County & Local Program to support planning and programming activities throughout the nine Bay Area counties. This program is managed by MTC and the funds are utilized to support Plan Bay Area 2050 regional policies, development of countrywide transportation plans, outreach activities, and the advancement of additional plans and projects determined by MTC.

In order to augment the base funding levels for countywide planning and programing, compliance with State housing laws is required. The 2015-2023 City of Pittsburg Housing Element, Chapter 2 – Housing Needs Assessment in addition to the 2015-2023 City of Pittsburg Housing Element, Chapter 3 –Housing Opportunities and Constraints are applicable policies that support all elements of MTC’s approach to affordable housing. The call for projects process will not be programmed into the transportation improvement Program (TIP) until such resolution is adopted. After December 31, MTC, will reprogram these funds to projects that are in compliance with the State housing laws.

ATTACHMENTS: Resolution
Report Prepared By: Julissa Rico Ruiz, Consultant Engineer 248
Resolution No. 23- Page 1 of 2 May 1, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Adoption of a City Council Resolution )
to Comply with State Housing Laws ) RESOLUTION NO. 23- WHEREAS, the Bay Area has the highest housing cost in the United States; and WHEREAS, the Bay Area produced less than 30% of the need for low- and moderate-income housing units from 2007- 2014 and is on track to underproduce low- income units during the 2015-2023 time period; and
WHEREAS, public lands can play critical role in increasing the supply of land for affordable housing; and
WHEREAS, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) provide an important option to increase the availability and affordability of housing in existing lower density neighborhoods. AB 1255 (Rivas, 2019) requires jurisdictions to compile and report annually an inventory of surplus lands to the California Department of Housing and Community Development; and
WHEREAS, density bonuses are an effective tool to increase the financial feasibility of housing and incentivize the creation of affordable housing; and WHEREAS, the Metropolitan Transportation Commission adopted Resolution No.4505, outlining the programming policy and project selection criteria for One Bay Area Grant Program (OBAG 3) including certain requirements to access these funds.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of Pittsburg, State of California, as follows:

That the City of Pittsburg agrees to comply with State laws to ADUs and JADUs, as it exists now or may be amended in the future, including but not limited to, AB 1255 (Rivas, 2019), which requires jurisdictions to compile and report annually an inventory of surplus lands to the California Department of Housing and Community Development, and.

That the City of Pittsburg agrees to comply with State Density Bonus Law (California Government Code § 65915 et seq.), as it exists now or may be amended in the future; and That the City of Pittsburg warrants and represents that is in compliance with the aforementioned State housing laws and that there are no claims, actions, suits, or proceedings pending to the best of City of Pittsburg’s knowledge, alleging violations of the State housing laws by the City of Pittsburg.
249
Resolution No. 23- Page 2 of 2 May 1, 2023 PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 1st day of May 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
250

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the Use of General Fund Fund Balance and Measure M Surplus Funds for Additional Library Services
MEETING DATE: May 1, 2023

EXECUTIVE SUMMARY
To better serve the needs of the community, the City worked with the Contra Costa County Library (County Library) to extend the hours of service by an additional 12 hours at the Pittsburg Library.

FISCAL IMPACT
The annual cost of the additional 12 hours per week is $110,235. The County Library is also charging the City for phone service of approximately $4,800 annually. The total annual cost for the additional hours and phone service (collectively, the “Library Services”) is approximately $116,000. For Fiscal Year 2022/23, up to $116,000 of General Fund Fund Balance will be used to pay for the Library Services.

Up to $365,000 of Measure M Surplus funds will be used for the next three fiscal years; Measure M Surplus funds generated in Fiscal Years 2022/23, 2023/24, and 2024/25 will pay Library Services in Fiscal Years 2023/24, 2024/25, and 2025/26 respectively.

RECOMMENDATION
City Council adopt the Resolution authorizing the use of General Fund Fund Balance and Measure M Surplus funds to pay for Library Services, commencing Fiscal Year 2022/23. 251

BACKGROUND
The County Library sent a letter to the City, dated March 30, 2022, notifying the City of the County Library’s budget and the 40 base hours that it would provide at the Pittsburg Library:
 Monday CLOSED
 Tuesday 12-8
 Wednesday 10-6
 Thursday 10-6
 Friday 9-5
 Saturday 9-5
Pursuant to the letter, the County Library is contributing $653,097 towards the 40 base hours and library operations at the Pittsburg Library for Fiscal Year 2022/23.

The County Library gave the following options for additional hours for July 1, 2022 – June 30, 2023:
 Option A – 6 additional hours per week $68,743
 Option B – 12 additional hours per week $110,235
 Option C – 16 additional hours per week $180,307
On May 2, 2022, a Minute Order was accepted, and during the presentation, proposed uses of the Measure M surplus funds were presented to the City Council along with the proposed uses of the American Rescue Plan Act funds.

SUBCOMMITTEE FINDINGS
The use of Measure M Surplus funds for extended library hours was presented to the Measure M Committee on June 23, 2022 and to the Finance Subcommittee on September 30, 2022.

STAFF ANALYSIS
In addition to the 40 base hours of service the County Library provides at the Pittsburg Library, it continues to fund a collection of 1 million physical items for checkout, over 4 million ebooks and audiobooks, 35 electronic resources such as movies and newspapers, and administration of the 26 libraries in the County. Administration includes providing back of house support for computing and networking equipment, hiring and retention of staff, shipping of materials, budget and finance support, and countywide coordination of programs and services to meet the specific needs of each community.

The 12 additional hours has enabled the Pittsburg Library to now be open on Mondays, 10- 8 and the hours on Tuesdays were extended from 12-8 to 10-8.

The resources made available at the Pittsburg Library are invaluable because there are residents in the community who may not have access to computers, books, and materials that encourage imagination and help with school projects. Extending the Library Services provide Pittsburg residents with an amenity that is available in other communities.

ATTACHMENTS: Resolution
Report Prepared By: Maria M. Aliotti, Assistant City Manager 252
Resolution No. 23- Page 1 of 2 May 1, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing the Use of General Fund Fund )
Balance and Measure M Surplus Funds for ) RESOLUTION NO. 23- Additional Services )
WHEREAS, the Contra Costa County Library sent a letter to the City, dated March 30, 2022, notifying the City of the County Library’s budget and of the 40 base hours it would provide at the Pittsburg Library:
 Monday CLOSED
 Tuesday 12-8
 Wednesday 10-6
 Thursday 10-6
 Friday 9-5
 Saturday 9-5; and
WHEREAS, pursuant to the March 30, 2022 letter, the County Library is contributing $653,097 towards the 40 base hours and library operations at the Pittsburg Library for Fiscal Year 2022/23; and
WHEREAS, the County Library gave the following options for additional hours of service for July 1, 2022 – June 30, 2023:
 Option A – 6 additional hours per week $68,743
 Option B – 12 additional hours per week $110,235
 Option C – 16 additional hours per week $180,307; and WHEREAS, on May 2, 2022, a Minute Order was accepted by the City Council, and during the presentation, proposed uses of the Measure M Surplus funds were presented along with the proposed uses of the American Rescue Plan Act funds; and WHEREAS, the use of Measure M Surplus funds for extended library services was presented to the Measure M Committee on June 23, 2022 and to the Finance Subcommittee on September 30, 2022; and
WHEREAS, to better serve the needs of the community, the City worked with the County Library to extend the hours of service by an additional 12 hours at the Pittsburg Library; and
WHEREAS, the annual cost of the additional 12 hours per week is $110,235. The County Library is also charging the City for phone service of approximately $4,800 annually. The total annual cost for the additional hours and phone service (collectively, the “Library Services”) is approximately $116,000; and
253
Resolution No. 23- Page 2 of 2 May 1, 2023
WHEREAS, the resources made available at the Pittsburg Library are invaluable because there are residents in the community who may not have access to computers, books, and materials that encourage imagination and help with school projects. Extending the Library Services provide Pittsburg residents with an amenity that is available in other communities.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the use of General Fund Fund Balance of up to $116,000 to pay for the Library Services for Fiscal Year 2022/23. Be it further resolved that up to $365,000 of Measure M Surplus funds will be used for the next three fiscal years; Measure M Surplus funds generated in Fiscal Years 2022/23, 2023/24, and 2024/25 will pay Library Services in Fiscal Years 2023/24, 2024/25, and 2025/26 respectively.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 1st day of May 2023 by the following votes:

AYES:

NOES:

ABSTAINED:

ABSENT:

Shanelle Scales-Preston, Mayor
ATTEST:

Alice E. Evenson, City Clerk
254

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Directing the City Engineer to Prepare and File an Annual Report for the Citywide Landscaping and Lighting Assessment District 1988-01 for FY 23/24
MEETING DATE: May 1, 2023

EXECUTIVE SUMMARY
Directing the City Engineer as the Engineer of Work to prepare and file the Engineer’s Report is the first of three steps in the annual renewal process for the Citywide Landscaping and Lighting Assessment District 1988-01. Upon receipt and approval of the Engineer’s Report, the City Council may order that assessments be placed on the County tax roll.

Revenue collected through this district is necessary to fund citywide landscaping and lighting operations.

FISCAL IMPACT
The fiscal impact of levying Fiscal Year 2023/24 assessments will be determined during the Engineer’s Report review. For Fiscal Year 2022/23, the projected assessments collected are projected to be $3,136,994.

RECOMMENDATION
City Council approve the attached resolution directing the City Engineer to prepare and file the Fiscal Year 2023/24 report for Citywide Landscaping and Lighting Assessment District 1988-01.

BACKGROUND
In June 1988, the City Council confirmed the Engineer's Report, ordered improvements, and levied the first annual assessment for District 1988-01. Since then, the funds collected annually support landscaping and lighting operations citywide. Services include the following:
255
Street median and right-of-way landscaping maintenance; Street tree maintenance;
Sidewalk repair related to street tree damage; and
Street light energy costs and maintenance.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.

STAFF ANALYSIS
State statute mandates an annual renewal of assessments in District 1988-01. The first step is for the City Council to direct the City Engineer to prepare and file an annual report. The report will be submitted for City Council consideration in June.

Following preparation of the annual Engineer’s Report, the City Council will consider adoption of a resolution of intention to levy and collect assessments within the district. In July, the City Council will hold a public hearing prior to considering confirming the district and levying the annual assessments.

ATTACHMENTS: Resolution
Report Prepared By: Sharon Paz, Administrative Analyst ll 256
Resolution No. 23- Page 1 of 1 May 1, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Directing the City Engineer to Prepare )
and File an Annual Report for Citywide ) RESOLUTION NO. 23- Landscaping and Lighting Assessment )
District 1988-01 for Fiscal Year 2023/24 )
WHEREAS, the Citywide Landscaping & Lighting Assessment District 1988-01 was established by the City Council and approved by property owners; and WHEREAS, the City has levied assessments on property in this district to pay for improvements therein; and
WHEREAS, Section 22622 of the California Streets and Highways Code requires the City Council to annually adopt a resolution generally describing any proposed new improvements or any substantial changes in existing improvements to be included for the determination of annual assessments levied for any existing assessment district created under the Landscaping and Lighting Act of 1972; and
WHEREAS, Section 22622 further requires that the City Council order the preparation of an Engineer’s Report prior to declaring their intention to levy annual assessments for any district.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds that there are no proposed new improvements or any substantial changes in the existing improvements to Landscaping & Lighting Assessment District 1988-01, Citywide, and directs John Samuelson, City Engineer, to prepare and file with the City Clerk an annual report in accordance with Section 22622 of the Act.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 1st day of May 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

_________________________________
Shanelle Scales-Preston, Mayor
ATTEST:
_________________________________
Alice E. Evenson, City Clerk
257

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
MEMO: May 1, 2023
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
RE: Adoption of Two City Council Ordinances Amending Prezoning Designations, Including Approval of a Master Plan, and Approving a Development Agreement for the Faria/Southwest Hills Annexation Project, AP-10-717 (GP, RZ, DA, ANNEX)

EXECUTIVE SUMMARY
On April 17, 2023, the City Council adopted Resolutions certifying a Final Environmental Impact Report; approving CEQA Findings; adopting a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program; approving General Plan mapping and text amendments; and initiating annexation proceedings for the Faria/Southwest Hills Annexation Project. The City Council also introduced and waived further reading of two ordinances amending the prezoning designations, adopting a master plan, and approving a development agreement for the proposed project. The project site is located in the hills southwest of the existing city limits and is commonly known as the Faria property APN’s 097-180-002, 097-180-006, 097-190-002, 097-200-002, 097-200-003, 097- 230-008 & 097-240-002 (now APN’s 091-040-002, 092-010-002 & -006, 092-020-002 & - 003, 092-040-008, 092-050-002, and a portion of 092-030-012).

FISCAL IMPACT
One-time revenues related to construction permits and other development fees and exactions (as outlined in the proposed development agreement) are anticipated with this project. The applicant also would be required to deposit a minimum of $5,000 on an annual basis to reimburse the City for staff time expended in the annual review of the development agreement terms.

RECOMMENDATION
Staff recommends the City Council take the following actions for the Faria/Southwest Hills Annexation Project, in the order shown below:

1. Move to adopt Ordinance No. 23-1508 amending the prezoning designations for the site and adopting a Master Plan; and
258

2. Move to adopt Ordinance No.23-1507 approving a development agreement.

BACKGROUND
Prezoning Amendments: The prezoning amendments would reclassify the project site from HPD (Hillside Planned Development) and OS (Open Space) Zoning Districts, to RS-4-P (Single Family Residential, 4,000 square foot minimum lot size with Master Plan) and OS-P (Open Space with Master Plan) Districts (see Figure 1 and 2 below). The “-P” added to each zoning district signifies a Master Plan Overlay District. To comply with this proposed zoning, a draft Master Plan has been prepared (see Exhibit B of Attachment 1).

Figure 1
259
Figure 2
The proposed Master Plan includes a land use map, development regulations, design review guidelines and a definition of the proposed circulation system. The general theme of the land use map is to focus all development within the natural valley area that runs through the middle of the site (north to south) and allow for a natural buffer on the east and the west, where several prominent ridgelines are located and would remain mostly untouched. The development in the center of the site would include a denser product (3-5 units per acre) on the northern half of the site, compared to a less dense product (1-3 units per acre) on the southern half.

The development regulations and design guidelines have been crafted to foster appropriate hillside development patterns, which can be more complex than development in other areas of the City because of the unique topography of the property. The overall traffic circulation pattern for the site is largely unknown at this time; however, under the proposed Master Plan, the project would ensure that San Marco Boulevard would be extended and continue south through the site and Bailey Estates, serving as the backbone for development to branch off, and eventually connect to Bailey Road to the east. Design guidelines for the larger on-site circulation system have been incorporated into the plan.

Development Agreement: The developer has requested that the City enter into a Development Agreement, which has the purpose of locking in fees and regulations to provide certainty during a multi-year project, and in exchange, developer would have the following contractual obligations a) payment of fees to assist in the financing of unmet local and regional traffic improvement needs; b) payment of in-lieu fees to fulfill inclusionary housing obligations under PMC Chapter 18.86; c) inclusion of at least 75 single-story houses spread throughout the future project; d) payment of $200,000 to expand the City’s security camera network; e) payment of a $2,000,000 community benefit fee; f) payment of 260
$100,000 to construct monument entry signs to the City; g) installation of basic home security systems into each future house; h) annexation of the site into all applicable Community Facilities Districts (CFDs) for park maintenance, off-site stormwater facilities, police and other emergency services, and fire facilities, fire safety and emergency services; and i) support for creation of a new district to support ongoing lighting and landscaping needs for the area.

The Development Agreement also includes an additional Article (XII) which would acknowledge the City and the Developer’s agreement that the Project shall encourage hillside estate-style development and recognize that the City Manager, at his/her discretion, may take the necessary actions to bring subsequent entitlement approvals normally brought before the Planning Commission also be brought before the City Council. The new Article 12 would also require the Developer provide one or more connecting trails from the Property to the Regional Park trail network, support and cooperate with any effort to amend the school district boundaries to include schools serving the Property within the boundary of the Pittsburg Unified School District; and cooperate and implement the Pittsburg Active Transportation Plan.

The public hearing for this project was held before the City Council on April 17, 2023. After close of the public hearing the City Council moved to introduce and waive further reading of both ordinances attached to this report.

SUBCOMMITTEE FINDINGS
The item was not reviewed by a subcommittee.

STAFF ANALYSIS
An ordinance may be adopted by majority vote at a meeting at least five days after the ordinance is introduced. An ordinance becomes effective 30 days after the date of its adoption.

ATTACHMENTS:

1. Proposed Ordinance 23-1508
a. Exhibit A – Prezoning Amendments
b. Exhibit B – Master Plan

2. Proposed Ordinance 23-1507
a. Exhibit A – Development Agreement
Prepared by: John Funderburg, Assistant Director of Planning 261
Draft Ordinance No. 23-1508 Page 1 of 6 May 1, 2023 ATTACHMENT 1

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Granting an Appeal and Adoption of an )
Ordinance Amending the Prezoning ) ORDINANCE NO. 23-1508 Designations for Approximately 606 )
Acres from HPD and OS, to RS-4-P )
And OS-P, and Adopting a Master Plan )
For the “Faria/Southwest Hills )
Annexation Project, AP-10-717 (RZ)” )

The City Council of the City of Pittsburg DOES ORDAIN as follows:

WHEREAS, the Faria/Southwest Hills Annexation Project (proposed project) includes applications for a General Plan amendment, change in prezoning designations, adoption of a Master Plan, approval of a development agreement, and initiation of annexation proceedings, for a 606-acre site located in the hills southwest of the existing city limits, including APN’s 097-180-002, 097-180-006, 097-190-002, 097-200-002, 097-200-003, 097- 230-008 & 097-240-002 (now APN’s 091-040-002, 092-010-002 & -006, 092-020-002 & - 003, 092-040-008, 092-050-002, and a portion of 092-030-012); and, WHEREAS, in 2001, the current Pittsburg General Plan was adopted with a planned land use development pattern for the southwest hills (outside current city limits) that included a combination of Low Density Residential, Hillside Low Density Residential, and Open Space. The 2001 General Plan land use map for this specific area has not been amended since its initial adoption; and,
WHEREAS, on November 5, 2005, the voters of the City of Pittsburg approved a ballot initiative entitled, ‘Measure P (City of Pittsburg Voter Approved Urban Limit Line and Prezoning Act)’, which brought the entire 606-acre Faria project site into the new Urban Limit Line (ULL) boundary and prezoned the property to HPD (Hillside Planned Development) and OS (Open Space) Districts, consistent with existing General Plan residential and open space designations; and,
WHEREAS, on July 8, 2009, the Contra Costa Local Agency Formation Commission (LAFCo) approved an extension of the Pittsburg Sphere of Influence (SOI), as well as the Contra Costa Water District and Delta Diablo SOI’s, to include the project site; and, WHEREAS, on September 24, 2010, Louis Parsons, on behalf of Faria Land Investors, filed Annexation Application No. 10-717, requesting that the city initiate proceedings to annex the approximately 606-acre site into the municipal boundary, as well as the SOIs for the Contra Costa Water District and Delta Diablo service areas; and, WHEREAS, in 2014, Application No.10-717 was amended to include a prezoning amendment to add an Interim Study Overlay (-S) District to the existing base prezoning designations in order to designate the site as an area where zoning regulations would remain under study until such time when the developer provided a development plan; and, WHEREAS, in 2017, Application No. 10-717 was revised again to amend the 262
Draft Ordinance No. 23-1508 Page 2 of 6 May 1, 2023 prezoning designations on the site from HPD and OS, to RS-4-P (Single Family Residential, 4,000 square foot minimum lot sizes) and OS-P Districts, with a Master Plan Overlay (-P) in place of the previously proposed Interim Study Overlay (-S) District. The proposal was also amended to include a development agreement and General Plan mapping and text amendments to ensure consistency with the proposed master plan; and, WHEREAS, the proposed project is subject to the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000, et seq.), and the State CEQA Guidelines (14 Cal. Code Regs. Section 15000, et seq.), and on April 17, 2023, the City Council adopted Resolution No. 23-14269, certifying a Revised and Updated Final Environmental Impact Report (RUFEIR) and adopting associated CEQA findings, a Statement of Overriding Considerations (SOC) and Mitigation Monitoring and Reporting Program (MMRP); and,
WHEREAS, the proposed prezoning amendment conforms with the applicable General Plan land use designations of Low Density Residential and Open Space, adopted by the City Council on April 17, 2023, Resolution No. 23-14270, and with applicable goals and policies of the Pittsburg General Plan and Pittsburg Municipal Code (PMC); and, WHEREAS, on February 14, 2023, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 10215, to not recommend approval of the requested General Plan amendments, prezoning amendments (including adoption of the draft Master Plan), and development agreement for the Faria/Southwest Hills Annexation project; and
WHEREAS, on February 17, 2023, Louis Parsons, applicant for the project, filed an appeal of the Planning Commission’s Determination and pursuant to PMC section

18.18.060.D; and
WHEREAS, in accordance with PMC section 18.48.050, before adoption of an ordinance, the City Council shall make findings that the proposed regulation or map amendment is consistent with the policies of the General Plan and the notice and hearing provisions of this title; and,
WHEREAS, in accordance with PMC section 18.72.070, prior to approval of a proposed Master Plan, the City Council must find that the proposed Master Plan:
1) Conforms to the General Plan;
2) Generally complies with the land use and development regulations of the base zoning district and does not significantly alter the regulations; and 3) Can be adequately, reasonably and conveniently served by the public services, utilities and public facilities.

WHEREAS, on or before April 7, 2023, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020, a “Notice of Public Hearing” for the April 17, 2023, City Council public hearing on this item was published in the East County Times; was posted at City Hall and in the “Public Notices” section of the City website; and was mailed via first class or electronic mail to the applicant/property owner, all property owners and/or residents within 800-feet of the site, all local service agencies expected to 263
Draft Ordinance No. 23-1508 Page 3 of 6 May 1, 2023 provide future services to the site, and to individuals who had previously filed written request for such notice. In addition, the notice was also published on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed members in the following Nextdoor neighborhoods: Oak Hills South, San Marco, San Marco Villas, Toscana and Vista Del Mar; and,
WHEREAS, documents and other materials constituting the record of the proceedings upon which the City’s decision and its findings are based, are located at the City of Pittsburg Planning Division, located at 65 Civic Avenue in Pittsburg, California 94565; and,
WHEREAS, on April 17, 2023, the City Council held a duly-noticed public hearing on the appeal of the Planning Commission Decision to not Recommend Approval of Planning Application No.10-717 (GP, RZ, DA, ANNEX), at which time oral and/or written testimony was considered.

NOW, THEREFORE, the City Council finds and determines as follows:

Pre-zoning Designation Changes
3) The proposed prezoning amendment and Master Plan are consistent and conforms with General Plan, in that the project site is located in the Southwest Hills Subarea of the General Plan, and has been envisioned since the General Plan adoption in 2001, as accommodating a combination of Residential and Open Space uses with a maximum of 1,500 residential units to be spread across the entire 606 acre site (see General Plan policy 2-P-96). The proposed prezoning amendments are within the Pittsburg Planning Area, the voter approved Urban Limit Line, and the Pittsburg Sphere of Influence, and they will facilitate implementation of General Plan policy 2-P-91, by concentrating all future development to the center of the site within the natural valley-like area located between two existing prominent ridgelines, and thereby establishing a greenbelt buffer along the western edge of the site to be preserved as open space. Upon annexation of the site into the City, the RS-4-P zoning will allow construction of homes consistent with General Plan goals/policies including 2-G-4, 2-G-5, 2-P-73, 2-P-75, Housing G-1, and Housing P-1.2, P-1.2.B and P-1.2,D, and will provide expanded housing opportunities for the City’s moderate and above-moderate income households, thereby helping to balance the City’s housing stock and improve the resident- consumer tax base in the City. The prezoning amendment and Master Plan will be consistent with General Plan policies as further set forth in Attachment 6 (Applicable General Plan Goals and Policies) to the April 17, 2023 Staff Report.
4) The proposed Master Plan will comply with the land use and development regulations of the base zoning districts of RS-4 (Single Family Residential with 4,000 square foot minimum lot sizes) and OS (Open Space) and does not significantly alter the regulations.
5) The proposed Master Plan can be adequately, reasonably and conveniently served by public services, utilities and public facilities, of which this growth has been contemplated for that last 20 years by multiple planning documents including the General Plan, the City’s sewer and water system master plans, as well as other long range planning documents for stormwater drainage/treatment, recreational needs/facilities, and regional growth and transportation.

Section 2. Decision
Based on the findings and the authority set forth above, the City Council hereby:
1) Amends the Zoning Map, as referenced in Pittsburg Municipal Code, Title 18 (Zoning Ordinance) section 18.04.020, to change the prezoning of the properties described above, from a combination of HPD (Hillside Planned Development) and OS Districts, to RS-4-P (Single Family Residential with 4,000 square foot minimum lot size and a Master Plan Overlay) and OS-P 265
Draft Ordinance No. 23-1508 Page 5 of 6 May 1, 2023 (Open Space with a Master Plan Overlay) Districts as substantially presented in “Exhibit A” of this resolution;
2) Approves a Master Plan, as substantially presented in Exhibit “B” of this resolution.

Section 3. Severability
If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions.

Section 4. Publication
The ordinance shall be posted and published in accordance with the California Government Code.

The foregoing ordinance was introduced at a meeting of the City Council of the City of Pittsburg held on April 17, 2023, and was adopted and ordered published at a meeting of the City Council held on May 1, 2023 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
266
Draft Ordinance No. 23-1508 Page 6 of 6 May 1, 2023 City Council Ordinance No. 23-1508
EXHIBIT “A”
Exhibit B
Planning Commission Resolution No. 10154
EXISTING Prezoning Designations
PROPOSED Prezoning Designations
267
Attachment 1a
Exhibit A to City Council Ordinance No. 23-1508Exhibit B Planning Commission Resolution No. 10154
EXISTING Prezoning Designations
PROPOSED Prezoning Designations
268
Faria Property Master Plan
7/28/20 DRAFT
For Faria/Southwest Hills Reclassification from HPD and OS Prezoning Districts, to RS-4-P and OS-P Prezoning Overlay Districts

This Master Plan document is organized in the following manner:
• Section 1 describes the intent of the Master Plan Overlay District, and the area which it would govern.
• Section 2 includes a Land Use Map and defines the permitted uses, density and property development regulations.
• Section 3 defines Design Review Guidelines that will govern the master plan area and subsequent development activities.
• S ection 4 outlines the project phasing and subsequent entitlements.

Section 1. Purpose, Location and Boundaries.

In accordance with Pittsburg Municipal Code (PMC), Chapter 18.72, the purpose of this master plan overlay district is to:
a) ensure orderly planning for the development of a large, unsubdivided area in the city’s sphere of influence consistent with the general plan; b) maintain an environmental equilibrium consistent with existing vegetation, soils, geology, topography, and drainage patterns;
c) avoid premature or inappropriate development that would result in incompatible uses or create public service demands exceeding the capacity of existing or planned facilities; and
d) e ncourage sensitive site planning and design.

The master plan overlay district is located in the southwest hills and encompasses approximately 607 acres of land (see Figure 1). The district is generally bounded by Bailey Road and the approved but not yet constructed, “Bailey Estates” subdivision to the east; the Concord City Limits and recently closed Concord Naval Weapons Station (CNWS) property to the south and west; and the San Marco and Vista Del Mar residential subdivisions (substantially developed) along the northern boundary and other open space areas along the northeastern boundary.

Upon City approval of this master plan, a request to annex the Faria property into the City limits would be filed with the Contra Costa Local Agency Formation Commission (LAFCo). Following annexation, entitlement applications would be submitted to the City for review and approval. It is anticipated that the initial entitlement process would include review of a subdivision map and design review for new construction. This 269

Faria Master Plan, Page | 2 7/28/20 DRAFT

process is expected to take two or more years due to the City’s discretionary review requirements and the California Environmental Quality Act (CEQA) processing requirements. Once the entitlement process is completed, the tentative subdivision map and construction documentation would be finalized for City review and approval. This process could take an additional six to twelve months. Once the construction documents are approved construction would commence. The entire process from entitlement to completion of initial construction could take approximately four years.

Single family homes at San Marco (immediately north of the site) are anticipated to be fully completed by the year 2020, leaving the Faria property as the next logical place for development to occur in the Pittsburg Southwest Hills area.

District
Boundaries
Fig 1. District Boundaries
270

Faria Master Plan, Page | 3 7/28/20 DRAFT

Section 2. Land Use & Development Regulations
Proposed areas of development and areas of preservation (labeled as “Undeveloped Area”) are shown in Exhibit A of this Master Plan. The master plan area includes a total of 341 acres for residential development and 265 acres of preservation as open space.

The master plan would permit development on the approximate 606-acre project site as follows:

A. Residential Development

1. Allowable Uses. The land use regulations within each of the residential neighborhoods shall be the same as RS-4 District, PMC section 18.50.010.

Neighborhood serving commercial land uses, as identified in PMC 18.50.010, shall be allowable within the master plan area with a use permit.

2. Residential Density. The project site is divided into two residential areas: (1) 209 acres at a density of 3-5 dwelling units per gross acre, and (2) 132 acres at a density of 1-3 dwelling units per gross acre; however, in no event shall the total number of dwelling units within the master plan area exceed 1,500 units, as dictated by General Plan policy 2-P-96.

3. Property Development Regulations. Property Development Regulations set forth in PMC Schedule 18.50.105 shall apply to all residential development permitted by this master plan, except where specified below.

a) Height and form of main structures on sloped lots. For terraced structures built on sloped lots, a maximum height of thirty-five feet (35’) is permitted.

Building height is measured from any point along the finished grade (Fig. 2).

b) Deck sizes and heights for structures on sloped lots. Where decks are provided as a primary private outdoor space, they shall be a minimum of six feet (6’) in length (measured parallel to the adjacent wall of the structure) to Fig. 2
271

Faria Master Plan, Page | 4 7/28/20 DRAFT

provide adequate usable area and to effectively break-up the mass of large structures. The support posts or columns for any deck that extend out over a downslope shall not exceed a vertical height of twelve feet (12’), as measured from the bottom of the deck to the finished grade.

c) Flag lots. Flag lots are allowed in order to reduce environmental impacts, minimize roadway cut-and-fill, and create a better view protection. Flag lot driveways shall be designed to break up the long expanse of concrete paving with different materials, textures, and/or colors. Determination of flag lot widths and front lot lines shall be conducted in accordance with PMC

18.80.015.

4. Landscaping. In addition to the requirements of Section 18.84.300, subdivision landscaping shall comply with the following standards:

a) Slopes adjacent to collector or arterial streets shall be landscaped and irrigated.

b) Street trees shall be planted at a minimum of one tree every forty feet (40’) along all streets. Street trees shall not be less than six feet (6’) in height, as measured from the ground surface after planting.

c) Fire resistant landscaping shall be provided and maintained within one hundred feet (100’) of an exposed elevation of a structure. An exposed elevation is one or two sides of a structure that have direct exposure to unimproved open space areas, natural grasslands or agricultural lands.

d) Codes, covenants and restrictions shall be filed and recorded with the Contra Costa County Recorder prior to the sale of any residence requiring maintenance of any fire resistant landscaping on private property.

5. Viewshed Analysis. A viewshed analysis shall be required in conjunction with any request for development to ensure impacts from nearby public vantage points, as well as neighboring properties, are minimized to the maximum extent practicable.

B. Open Space/Green Belt/Resource Conservation Area:

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Faria Master Plan, Page | 5 7/28/20 DRAFT

1. Allowable Uses.

a) Pittsburg-Concord Greenbelt Buffer. No development shall be permitted within the green belt area, as required by General Plan policy 2-P-91.

b) Open Space/Resource Conservation Areas. The land use regulations for open space areas not in a state of permanent preservation shall be the same as OS District, PMC section 18.58.020. Water storage tanks, trails and/or vehicular access roadways deemed necessary to provide adequate water supply and access to residential development areas shall be permitted.

2. Property Development Regulations. Property Development Regulations set forth in PMC 18.58.030 shall apply to all open space areas.

C. Site Development Standards Applicable to All Areas:

1. Trails. Subdivisions shall be designed to incorporate a pedestrian trail system to interconnect neighborhoods and provide safe routes to schools, parks, and public open space within a one-mile radius of the subdivision. All trails must have public access.

2. Fences and walls. In addition to the requirements of Section 18.84.205-235, fences and walls shall comply with the following:

a) Safety fences. Where barbed wire fences are used around the perimeter of designated open space areas within a project, a second fence shall be constructed on the developed side of the barbed wire to minimize potential injury to people.

b) Chain link. Chain link fences are prohibited on residential lots.

c) Retaining walls. All retaining walls shall be engineered and constructed of reinforced concrete or masonry, or interlocking modular block.

d) Entrance gates. Gates to residential neighborhoods that are intended to be opened only by residents and other designated users are prohibited.

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e) Single lot security gates. Where security gates are utilized for single estate lots, materials shall be visually permeable.

3. Outdoor lighting.

a) Residential private lighting. All lights attached to buildings shall provide a soft “wash” of light against the wall and shall not spill onto adjacent properties.

Other exterior lighting shall be designed and installed in such a manner that the light source is shielded from view off the site.

b) Street lighting. All street lighting shall use “full cutoff” luminaries which allow no direct light emissions above a horizontal plane through the luminaries’ lowest light –emitting part (See Fig.2). Light poles and fixtures shall be of an ornamental type and low-level street lighting shall be used where feasible.

4. Other Development Regulations. All other development regulations not covered by this master plan, shall be as prescribed in PMC Title 18, where appropriate.

Section 3. Design Review Guidelines
The Design Review Guidelines provided below are generally derived from existing General Plan policies and they are grouped into six main categories for ease of reference (with the applicable policies referenced in parentheses at the end of each guideline). The policies are intended to provide guidance for future plan review and development within the master plan area.

A. Neighborhood and Subdivision Design
B. Circulation
C. Grading Design
D. Fence and Wall Design
E. Site Design, Architectural & Building Materials
F. Landscaping

Fig. 3
Horizontal Plane
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A. Neighborhood and Subdivision Design

1. Encourage hillside ‘estate’ development along the outer edges of the master plan area. 2-G-5

2. Encourage the use of flag
lots with common driveways
in sloped areas as a means
of encourage terracing of
buildings and minimizing
roadway cut-and-fill (Fig.4).
4-P-16

3. Provide park and recreation
facilities within reasonable
walking distance of all
homes. 8-P-2

4. Design the layout of new park facilities in accordance with the natural features of the land. Where possible, preserve such natural features as creeks and drainage ponds, rock outcroppings, and significant topographic features. 8-P-9

5. Design diverse and distinctive neighborhoods that build on the patterns of the natural landscape and provide a sense of connection with surrounding uses. 4-G- 17 6. Avoid placement of lots that allow the rear of homes to be viewed from public vantage points, such as parks, trails, roadways or open space areas. Where backyards may be visible from public view, provide additional screening by using natural slopes, berms and additional vegetation.

7. Vary building setbacks/orientations for new residential developments to reflect the natural contours of the hillside (Fig.5).

8. Development along the outer edges of the master plan should face outwards towards the rural landscape (preventing a solid wall of residential backyard fences). 4-P-7, 4-P-19

9. Encourage green building designs and techniques. Houses should be sited so that portions of the roofs would be suitable for solar collectors (roof should face within 15 degrees of true south).

Fig.4: Flag Lots
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10. Provide open space amenities such as a green belt, park and/or trails alongside ridges, creeks and/or storm drainage.

11. Utilize creeks and/or storm drainage as a shared natural community resource by incorporating them into the subdivision design and maximizing public access.

12. Protect unique environmental features, such as large rock outcroppings, mature trees, creeks and ridgelines, and incorporate them into the subdivision design. 4- G-4

13. Enhance views from individual residences by staggering lots (Fig.6).

14. Any large parcels with lot sizes greater than 10,000 square feet should be planned for those areas near ridges and in view sheds. Such lots should be designed with exclusive estate style homes that are placed to minimize grading while also providing some usable exterior living space around the house.

15. In terms of neighborhood design, reserve sites near ridges and in view sheds for unique, estate-style homes, with special effort given to provide unique design.

B. Circulation

1. Prioritize pedestrian circulation. Develop linear parks, public trails and/or trailheads to connect pedestrians to schools, commercial centers, parks, other neighborhoods and local and regional open space areas, including those planned within the Concord Naval Weapons Station Reuse area. 8-G-3, 8-P-21, 2-P-90, 4-P-30

2. Ensure San Marco Boulevard is extended through the master plan are and through the future Bailey Estates Subdivision, to connect up to Bailey Road.

Fig. 5
Fig. 6
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3. Maximize access for fire and emergency response personnel by providing through-roads and multiple connection points between neighborhoods. 2-P-27, 4- P-83

4. Provide on-street parking along hillside roads in parking bays where topography allows. 4-P-31

5. Allow streets with sidewalks on only one side in hillside areas where topography may be challenging. 4-P-85

C. Grading Design

1. Utilize geological hazard abatement districts (GHADs) in hillside areas to ensure that geotechnical mitigation measures are maintained over the long-term, and that financial risks are equitably shared among owners and not borne by the City. 10-P-11

2. Design new development on unstable slopes (as designated in General Plan Figure 10) to avoid potential soil creep and debris flow hazards. Avoid concentrating runoff within swales and gullies, particularly where cut-and-fill has occurred. 10-P-8

3. Limit grading of hillside areas over 30 percent slope (see General Plan Figure 10-1), to elevations less than 900 feet. 4-P-11

4. Design ‘cut and fill’ slopes visible to the general public to be contour rounded in order to replicate an un-graded natural terrain. Limit all engineered slopes to 3:1, unless an engineering geologist can establish that a steeper slope can perform satisfactorily over the long term.10-P-3

5. Replant ‘cut and fill’ slopes with native, non-invasive species. 9-P-9, 10-P-3

6. Place manufactured slopes behind buildings where they will not be visible to the general public.

7. Design lots so that lot lines are at the top of slopes with adequate property line setback from the slope to provide for required vertical slope rounding.

8. Ensure driveways are constructed to be at least 20 feet long. For courtyard style developments without standard driveways, garage access aprons should be no longer than three feet. 4-P-16

9. Design concrete storm drainage ditches to blend with the surrounding environment by reflecting the predominant colors and textures of the surrounding 277

Faria Master Plan, Page | 10 7/28/20 DRAFT

environment (examples include providing colored concrete or lining ditches with rocks or other natural materials). Screen ditches from lower elevations by building up the adjoining bench, to a slope of at least 5%.

10. Design slopes at the boundary of project areas to match the elevation of the approved grade of the adjoining property, outside of a project boundary. Where no approved map exists for an adjoining property, design projects to match the existing elevation of the adjoining property, outside the project boundary.

D. Site Design, Architectural & Building Materials

1. Permit second units (accessory dwellings) in single-family residential developments in accordance with State law. 2-P-17

2. When sloped lots are utilized, site structures so that the long axis of the building runs parallel with hillside contours (Fig.7) and the slope of roof lines and gables run parallel with the hillside slope (Fig.8).

3. Design driveways serving
multiple parcels (flag lots or
courtyards) to break up the
long expanse of concrete
with different materials,
textures, or colors.

Encourage the use of
permeable materials such
as grasscrete, grass,
stone, stamped concrete
pavers or decomposed
granite for driveways
(Fig.9)

4. Design buildings with natural looking materials that reflect the predominant colors and textures of the surrounding landscape.

Fig. 7
Roof Slope
Fig. 8
Fig. 9
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5. Use darker earth tones for roofing colors to ensure they are less visible to adjacent or up-slope properties.

6. Encourage terrain-neutral colors for structures that are visible from major roadways or open space areas. White or light exterior colors with a reflection factor of more than sixty percent (60%) should not be used except as trim that constitutes no more than ten percent (10%) of the building surface. Codes, covenants and restrictions should be filed prior to the sale of any residence restricting future colors of structures to those in the approved color palette.

7. A void large expanse of flat, blank walls, especially on the downhill side of a downhill lot; this is also meant for side elevations, particularly on corner lots.

8. Break building massing and rooflines into smaller components. 4-P-3

9. ‘Step’ building forms to conform to site topography where appropriate. (Fig. 10)

10. Screen decks that extend out
from a building with natural
landscaping between the building
wall and the outer skirt of the
deck.

11. Provide a variety of home styles
with a minimum of three exterior
styles available for each model
within each development phase.

This is to be implemented by use of different architectural details and by varying building materials, roof slopes, window and trim treatments.

12. Large estate-style homes should include unique designs with 360-degree architecture, providing special attention to architectural details, materials and beautifying elements applied to all sides of the house, not just the front façade.

Special design consideration should also be given to homes, as they could also be viewed from below and above.

Fig. 10
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E. Fence & Wall Design

1. Use natural looking building materials for fences and retaining walls in order to reflect the predominant colors and textures of the surrounding environment and to promote a rural feeling (Fig.11).

2. Design fences/walls that abut designated rural open space areas to be visually permeable. Chink link fencing is discouraged. 4-P-7

3. Design fences and walls adjacent to arterials and collector streets to incorporate visual interest through variation in placement, use of planters, differing materials, use of natural materials, and modulation of the wall plane.

4. Break up retaining walls (e.g. undulating sectionsor landscaped screening) , rather than one continuous blank wall (Fig. 12).

5. Build single retaining walls no taller than four feet (4’) in height, where located within ten feet (10’) of a public right-of-way. If additional height is necessary, build multiple walls (with landscaping in between) no taller than three feet (3’) in height with minimum horizontal step-backs of three feet (3’) between each wall segment (Fig. 13).

Fig. 11
Fig. 13
Fig. 12
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F. Vegetation

1. Use irregular planting to achieve a natural and ‘rural’ appearance in landscape areas. 4-P-6

2. Plant native, non-invasive and fire resistant street trees, complimentary shrubbery and other vegetation along collector and arterial roadways consistent with the landscape ordinance. Street trees should be planted adjacent to the curb to provide a buffer between pedestrian sidewalks and vehicular streets. 4-P- 85 3. Plant trees and other shrubbery to be individually spaced to allow for maintenance that would not form a means of transmitting fire from native growth to nearby structures. Limit the use of plants that develop large volumes of foliage and branches, deciduous bark, or dry undergrowth.

Section 4. Project Phasing & Subsequent Entitlements
After the project is annexed by the City of Pittsburg, based on the zoning and density proposed as part of this Master Plan, the applicant would submit a Tentative Subdivision Map and detailed plans for Design Review approval to the City of Pittsburg.

It is also anticipated that a Development Agreement would be completed with the City of Pittsburg.
281
2280 Grass Valley Highway #555
Auburn, CA 95603
Phone: 916.817.1486
www.verticalmapping.com
NOTES:
- Map must be properly field checked and verified before use. Alterations serviced promptly.
- Building outlines indicate drip line, but may also include elevated stairs and misc. attachments.
- Features in shadows and vegetation may be obscured.
- Features near tall objects/structures may be obscured due to camera angle.
- Small shadow and vegetation areas not shown for clarity. - Mapping outside of the survey control perimeter may not meet map accuracy standards.
- Planimetric and Topographic features in obscured areas may not meet map accuracy standards.
- Plotted control point elevations are at ground level unless otherwise indicated.

Accuracy Standards: ASPRS Class 1 & NMAS
Map Scale: 1" = 200'
Contour Interval: 1'
Photo Date: April 13, 2018
Photo Scale: 3cm GSD
Client: Discovery Builders, Inc.

Project Name: San Marco Additions
Project Number: 18-2709
Client Reference: San Marco Additions
Control Survey provided by: Discovery Builders, Inc.

Edited by: TM
QC: AE
WEST
LELAND
ROAD
17 19
18 WEST
SANTA
TERESA
BLVD
SAN
SANTA
TERESA
BLVD
282
Ordinance No. 23-1507 Page 1 of 5 May 1, 2023 ATTACHMENT 2

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Granting an Appeal and Adoption of an )
Ordinance Approving a Development ) ORDINANCE NO. 23-1507 Agreement for the “Faria/Southwest )
Hills Annexation Project, AP-10-717” )

The City Council of the City of Pittsburg DOES ORDAIN as follows:

WHEREAS, the Faria/Southwest Hills Annexation Project (proposed project) includes applications for a General Plan amendment, change in prezoning designations, adoption of a Master Plan, approval of a development agreement, and initiation of annexation proceedings, for a 606-acre site located in the hills southwest of the existing city limits, including APN’s 097-180-002, 097-180-006, 097-190-002, 097-200-002, 097-200-003, 097- 230-008 & 097-240-002 (now APN’s 091-040-002, 092-010-002 & -006, 092-020-002 & - 003, 092-040-008, 092-050-002, and a portion of 092-030-012); and, WHEREAS, in 2001, the current Pittsburg General Plan was adopted with a planned land use development pattern for the southwest hills (outside current city limits) that included a combination of Low Density Residential, Hillside Low Density Residential, and Open Space. The 2001 General Plan land use map for this specific area has not been amended since its initial adoption; and,
WHEREAS, on November 5, 2005, the voters of the City of Pittsburg approved a ballot initiative entitled, ‘Measure P (City of Pittsburg Voter Approved Urban Limit Line and Prezoning Act)’, which brought the entire 606-acre Faria project site into the new Urban Limit Line (ULL) boundary and prezoned the property to HPD (Hillside Planned Development) and OS (Open Space) Districts, consistent with existing General Plan residential and open space designations; and,
WHEREAS, on July 8, 2009, the Contra Costa Local Agency Formation Commission (LAFCo) approved an extension of the Pittsburg Sphere of Influence (SOI), as well as the SOIs for the Contra Costa Water District and Delta Diablo, to include the project site; and, WHEREAS, on September 24, 2010, Louis Parsons, on behalf of Faria Land Investors, filed Annexation Application No. 10-717, requesting that the City initiate proceedings to annex the approximately 606-acre site into the municipal boundary, as well as into the Contra Costa Water District and Delta Diablo service areas; and, WHEREAS, in 2014, Application No.10-717 was amended to include a prezoning amendment to add an Interim Study Overlay (-S) District to the existing base prezoning designations in order to designate the site as an area where zoning regulations would remain under study until such time when the developer provided a development plan; and, WHEREAS, in 2017, Application No. 10-717 was revised again to amend the prezoning designations on the site from HPD and OS, to RS-4-P (Single Family Residential, 4,000 square foot minimum lot sizes) and OS-P Districts, with a Master Plan Overlay (-P) in place of the previously proposed Interim Study Overlay (-S) District. The proposal was also 283
Ordinance No. 23-1507 Page 2 of 5 May 1, 2023 amended to include a development agreement and General Plan mapping and text amendments to ensure consistency with the proposed Master Plan; and, WHEREAS, the proposed project is subject to the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000, et seq.), and the State CEQA Guidelines (14 Cal. Code Regs. Section 15000, et seq.), and on April 17, 2023, the City Council adopted Resolution No. 23-_______, certifying a Revised and Updated Final Environmental Impact Report (RUFEIR) and adopting associated CEQA findings, a Statement of Overriding Considerations (SOC) and Mitigation Monitoring and Reporting Program (MMRP); and,
WHEREAS, state law (Government Code section 65865) authorizes cities to enter into development agreements in connection with development projects; and WHEREAS, pursuant to Pittsburg Municipal Code (PMC) Section 18.44.020, the City Council adopted procedures and requirements for considering, adopting and reviewing development agreements on November 25, 1996, through Resolution No. 96-8371. Article V, Section A of City Council Resolution No. 96-8371 states that the Planning Commission shall hold a public hearing to consider the application for a development agreement and may make recommendations to the City Council concerning the application; and, WHEREAS, on February 14, 2023, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 10215, to not recommend approval of the requested General Plan amendments, prezoning amendments (including adoption of the draft Master Plan), and development agreement for the Faria/Southwest Hills Annexation project; and
WHEREAS, on February 17, 2023, Louis Parsons, applicant for the project, filed an appeal of the Planning Commission’s Determination pursuant to PMC Section 18.18.060.D; and
WHEREAS, pursuant to City Council Resolution No. 96-8371, the City Council may adopt an ordinance approving a development agreement if it finds that:
1) the development agreement is consistent with the General Plan and any applicable specific plan; and
2) the development agreement will promote the public health, safety, and general welfare.

WHEREAS, on or before April 7, 2023, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020, a “Notice of Public Hearing” for the April 17, 2023, City Council public hearing on this item was published in the East County Times; was posted at City Hall and in the “Public Notices” section of the City website; and was mailed via first class or electronic mail to the applicant/property owner, all property owners and/or residents within 800-feet of the site, all local service agencies expected to provide future services to the site, and to individuals who had previously filed written request for such notice. In addition, the notice was also published on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed members in the following Nextdoor neighborhoods: Oak Hills South, San Marco, San Marco Villas, Toscana and Vista Del Mar; and,
284
Ordinance No. 23-1507 Page 3 of 5 May 1, 2023 WHEREAS, documents and other materials constituting the record of the proceedings upon which the City’s decision and its findings are based, are located at the City of Pittsburg Planning Division, located at 65 Civic Avenue in Pittsburg, California 94565; and,
WHEREAS, on April 17, 2023, the City Council held a duly-noticed public hearing on the appeal of the Planning Commission Decision to not Recommend Approval of Planning Application No.10-717 (GP, RZ, DA, ANNEX), at which time oral and/or written testimony was considered; and
WHEREAS, at the hearing, the City Council added new Section 3.24 to the Development Agreement to state, “Developer shall have a lot size of at least 6,000 square feet for any development occurring within the master plan area, including as requested through any subsequent entitlements.”
NOW, THEREFORE, the City Council finds and determines as follows:

Section 1. Findings
A. Based on the evidence and oral and written testimony presented at the public hearings, and based on all the information contained in the Planning Division’s files on the project, including but not limited to the Revised and Updated Final EIR for the project and the City Council staff report entitled “Appeal of the Planning Commission’s Determination to not Recommend for City Council Approval a Development Agreement, Amendments to the General Plan and Prezoning Designations, and Adoption of a Master Plan for the Faria/Southwest Hills Annexation Project. AP-10-717 (GP, RZ, DA),” dated April 17, 2023, the City Council finds that:
1) The Revised and Updated Final EIR (“RUFEIR”) for the Faria/Southwest Hills Annexation project (SCH #2017032027), certified by the City Council on April 17, 2023 (Resolution No. 23-14269), was prepared in compliance with CEQA (Public Resources Code Section 21000, et seq.), and the State CEQA Guidelines 14 Cal. Code Regs. Section 15000, et seq.). All impacts have been analyzed and mitigated to the extent feasible as set forth in the RUFEIR prepared for this project, and the City Council has independently reviewed and considered the information contained therein, prior to approving the project. 2) The proposed development agreement is consistent with the General Plan, in that the project site is located in the Southwest Hills Subarea of the General Plan and has been envisioned since the General Plan adoption in 2001 as accommodating a combination of Residential and Open Space uses, with a maximum of 1,500 residential units to be spread across the entire 606-acre site (see General Plan policy 2-P-96).
3) The proposed development agreement will promote the public health, safety, and general welfare, in that it would help facilitate a greater amount of open space preservation in the southwest hills than what was previously envisioned by the 2001 General Plan. The development agreement also requires the applicant to comply with additional measures above and beyond those 285
Ordinance No. 23-1507 Page 4 of 5 May 1, 2023 required by the PMC, including (but not limited to): 1) payment of fees to assist in the financing of unmet local and regional traffic improvement needs; 2) payment of in-lieu fees to fulfill inclusionary housing obligation under PMC Chapter 18.86; 3) inclusion of at least 75 single-story houses spread throughout the future project; 4) payment of $200,000 to expand the City’s security camera network; 5) payment of a $2,000,000 community benefit fee; 6) payment of $100,000 to construct monument entry signs to the City; 7) installation of basic home security systems into each future house; 8) annexation of the site into all applicable Community Facilities Districts (CFDs) for park maintenance, off-site stormwater facilities, police and other emergency services, and fire facilities, fire safety and emergency services; and 9) support for creation of a new district to support ongoing lighting and landscaping needs for the area.
4) Pursuant to PMC Section 18.86.080(C), the project site is not suitable for affordable housing. Imposing a requirement for affordable housing on the site would be inconsistent with the good zoning practices underlying the project design, which increases the open space preservation area by approximately 127 acres more than what the current General Plan has planned by placing residential uses in a focused area of the site. The current project design and scope thus results in a more environmentally conscious development of the area. In addition, the site is not suitable for affordable housing because it lacks proximity to schools and the Bay Area Rapid Transit (BART) system, both of which are important to fostering affordable housing uses.

Section 2. Decision
Based on the findings and the authority set forth above, the City Council hereby approves a development agreement, as substantially presented in Exhibit “A” of this ordinance.

Section 3. Severability
If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions.

Section 4. Publication
The ordinance shall be posted and published in accordance with the California Government Code.
286
Ordinance No. 23-1507 Page 5 of 5 May 1, 2023 The foregoing ordinance was introduced at a special meeting of the City Council of the City of Pittsburg held on April 17, 2023, and was adopted and ordered published at a meeting of the City Council held on May 1, 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
287

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Faria Land Investors, LLC
4021 Port Chicago Hwy.

Concord, CA 94520
Attention: Albert D. Seeno, III
City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
Attention: City Clerk
______________________________________________________________________ (Space Above This Line Reserved for Recorder’s Use)

DEVELOPMENT AGREEMENT

BETWEEN

THE CITY OF PITTSBURG, CALIFORNIA
AND

FARIA LAND INVESTORS, LLC
(Faria/Southwest Hills)
288

TABLE OF CONTENTS
Page
FARIA DEVELOPMENT AGREEMENT i Rev: 7/20/2020
ARTICLE I DEFINITIONS ............................................................3 ARTICLE II EFFECTIVE DATE; TERM ............................................................5 Section 2.01 Effective Date.................................................................................................5 Section 2.02 Term...............................................................................................................5 ARTICLE III OBLIGATIONS OF DEVELOPER ……………………………………………… 5 Section 3.01 Obligations of Developer Generally ...............................................................5 Section 3.02 Facility Reserve Charges...............................................................................5 Section 3.03 Water Infrastructure .......................................................................................5 Section 3.04 Applicable Fees .............................................................................................5 Section 3.05 Applicable Fee Adjustments ..........................................................................6 Section 3.06 City Local Traffic Mitigation Fee.....................................................................6 Section 3.07 Regional Traffic Fee.......................................................................................6 Section 3.08 Fees, Assessments and/or Taxes to be Paid by Developer ..........................7 Section 3.09 Affordable Housing ........................................................................................7 Section 3.10 C.3 Facilities ..................................................................................................7 Section 3.11 Security Improvements ..................................................................................8 Section 3.12 School Facilities Impact Mitigation………………………………………….……8 Section 3.13 Installation of Full Trash Capture Devices………………………………………8 Section 3.14 Single Story Homes…………………………………………………….….………8 Section 3.15 Community Benefit Payment…………………………………………………..…8 Section 3.16 Monument Signs ………………………………………………………………..…8 Section 3.17 Interconnect Point……..………………………………………………………..…9 Section 3.18 Enhanced Infrastructure Financing District…..…………………………………9 Section 3.19 Public Recreational Facility………………………………..………………..……9 Section 3.20 Complete Streets…………………………………………………………..…..….9 Section 3.21 Neighborhood Parks………………………………………………………..……..9 Section 3.22 Establishment of Maintenance or Other Type of District……………..……….9 Section 3.23 Mitigation Measures………………………………………………………...……..9 Section 3.24 Minimum Lot Size………………………………………………………………….9 ARTICLE IV OBLIGATIONS OF CITY ............................................................9 Section 4.01 Obligations of City Generally .........................................................................9 Section 4.02 Availability of Public Services ......................................................................10 Section 4.03 Developer’s Right to Rebuild .......................................................................10 Section 4.04 Reimbursement of Infrastructure Costs .......................................................10 Section 4.05 Park Fee Credit............................................................................................11 ARTICLE V COOPERATION - IMPLEMENTATION .......................................................11 Section 5.01 Processing Application for Subsequent Approvals ......................................11 Section 5.02 Timely Submittals by Developer ..................................................................12 Section 5.03 Timely Processing by City............................................................................12 Section 5.04 Other Government Permits..........................................................................12 Section 5.05 Southwest Hills Geologic Hazard Abatement District…..……………………13 289

TABLE OF CONTENTS
(continued)
Page
FARIA DEVELOPMENT AGREEMENT ii Rev: April 18, 2023
Section 5.06 Lighting and Landscaping District, Park Maintenance.................................13 Section 5.07 Police Services CFD....................................................................................13 Section 5.08 Fire Services CFD........................................................................................13 Section 5.09 Parkland Dedication in Lieu Fee..................................................................14 Section 5.10 Assessment Districts or Other Funding Mechanisms ..................................14 Section 5.11 Warranty Bonds ...........................................................................................14 ARTICLE VI STANDARDS, LAWS AND PROCEDURES GOVERNING THE PROJECT . 15 Section 6.01 Vested Right to Develop ..............................................................................15 Section 6.02 Permitted Uses Vested by This Agreement.................................................15 Section 6.03 Applicable Law.............................................................................................15 Section 6.04 Uniform Codes.............................................................................................15 Section 6.05 Moratorium and Conflicting Enactments......................................................15 Section 6.06 Life of Subdivision Maps, Development Approvals, and Permits.................16 Section 6.07 State and Federal Law.................................................................................16 Section 6.08 Timing of Project Construction and Completion...........................................16 Section 6.09 Exempting Fees, Mitigation Measures and Similar Requirements Imposed by Outside Agencies....................................................................................17 Section 6.10 City’s Joint-Inspection Jurisdiction...............................................................17 ARTICLE VII AMENDMENT ..........................................................17 Section 7.01 Amendment to Project Approvals, Subsequent Approvals ..........................17 Section 7.02 Amendment of this Agreement ....................................................................18 ARTICLE VIII ASSIGNMENT, TRANSFER AND NOTICE ................................................19 Section 8.01 Assignment of Interests, Rights and Obligations .........................................19 Section 8.02 Transfer Agreements ...................................................................................19 Section 8.03 Non-Assuming Transferees .........................................................................20 Section 8.04 Notice of Compliance Generally ..................................................................20 ARTICLE IX COOPERATION IN THE EVENT OF LEGAL CHALLENGE ......................20 Section 9.01 Cooperation .................................................................................................20 Section 9.02 Cure; Reapproval.........................................................................................21 ARTICLE X DEFAULT; REMEDIES; TERMINATION ....................................................22 Section 10.01 Defaults........................................................................................................22 Section 10.02 Termination..................................................................................................22 Section 10.03 Periodic Review ...........................................................................................23 Section 10.04 Excusable Delay; Extension of Time of Performance..................................24 Section 10.05 Legal Action .................................................................................................24 Section 10.06 California Law ..............................................................................................24 Section 10.07 Resolution of Disputes.................................................................................24 Section 10.08 Attorneys’ Fees............................................................................................25 290

TABLE OF CONTENTS
(continued)
Page
FARIA DEVELOPMENT AGREEMENT iii Rev: April 18, 2023
Section 10.09 Default by City or Developer........................................................................25 ARTICLE XI NO AGENCY, JOINT VENTURE OR PARTNERSHIP ...............................25

ARTICLE XII SUBSEQUENT APPROVAL REVIEW, TRAIL CONNECTIONS, SCHOOL JURISDICTION……….………………………………………………………….26
Section 12.01 Review of Subsequent Approval Entitlement Applications……………...…..26 Section 12.02 Trail Connections………………… …………………………………….……26 Section 12.03 School District Jurisdiction………… ………………………………………….26 Section 12.04 Active Transportation Plan………………………………………………….…..26 ARTICLE XIII MISCELLANEOUS ..........................................................26 Section 13.01 Incorporation of Recitals and Introductory Paragraph .................................26 Section 13.02 Enforceability ...............................................................................................27 Section 13.03 Findings .......................................................................................................27 Section 13.04 Severability ..................................................................................................27 Section 13.05 Other Necessary Acts..................................................................................27 Section 13.06 Construction.................................................................................................27 Section 13.07 Other Miscellaneous Terms.........................................................................27 Section 13.08 Covenants Running with the Land...............................................................27 Section 13.09 Notices.........................................................................................................28 Section 13.10 Entire Agreement, Counterparts and Exhibits..............................................29 Section 13.11 Recordation of Development Agreement.....................................................29 291
FARIA DEVELOPMENT AGREEMENT Page 1 of 30 Rev: April 18, 2023

DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the “Agreement”) is entered into as of the Effective Date between FARIA LAND INVESTORS, LLC, a California limited liability company (“Developer”), and the CITY OF PITTSBURG, a California municipal corporation (“City”), pursuant to California Government Code § 65864 et seq. The Effective Date is May 31, 2023.

R E C I T A L S
A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California enacted California Government Code § 65864 et seq., which authorizes City to enter into an agreement with any person having a legal or equitable interest in real property regarding the development of such property.

B. Pursuant to California Government Code § 65865, City has adopted procedures and requirements for the consideration of development agreements (Resolution No. 89-7466).

This Development Agreement has been processed, considered, and executed in accordance with such procedures and requirements.

C. Developer has a legal interest in certain real property consisting of approximately 607 acres, as more particularly described in the Exhibit A attached hereto (the “Property” or “Project”), and as diagrammed in the attached Exhibit A-1 (the “Project Site”). The Property is located within the spheres-of-influence for the City, Delta Diablo (“Delta Diablo”) and Contra Costa Water District (“CCWD”) and is within the City’s voter-approved Urban Limit Line (“ULL”).

D. Developer filed applications with the City requesting (1) initiation of annexation into the City, the CCWD service area and DDSD service area; (2) amendment of the pre-zoning designations of the Project Site from HPD (Hillside Planned Development) and OS (Open Space), to RS-4-P (Single Family Residential, 4,000 square foot minimum lot sizes) and OS-P Districts, with a Master Plan Overlay (-P) in place of the previously proposed Interim Study Overlay (-S) District; (3) approval of a master plan for the site which includes a land use map corresponding to the pre-zoning designations, development regulations, design review guidelines, and a general circulation system; (4) amendment of the General Plan to modify two goals and two policies relevant to the project site, remove an existing General Plan goal and seven policies related to development in the southwest hills, and change the existing General Plan land use patterns for the project site to match the master plan land use map; and (5) approval of this Development Agreement.

E. On January 31, 2023, the City released a Revised and Updated Final Environmental Impact Report (RUFEIR), prepared pursuant to CEQA.

F. On February 14, 2023, the Planning Commission adopted Resolution No. 10215, to not recommend approval of the requested General Plan amendments, prezoning amendments (including adoption of the draft Master Plan), and development agreement for the Faria/Southwest Hills Annexation project.

G. On February 17, 2023, the Developer filed an appeal of the Planning Commission’s determination to not recommend approval of the Project. 292
FARIA DEVELOPMENT AGREEMENT Page 2 of 30 Rev: April 18, 2023 H. On April 17, 2023, the City Council adopted Resolution Nos. 23-14270 and 23- 14271, approving (1) the General Plan amendments requested for the project; and (2) a petition for annexation into the City, the CCWD service area and DDSD service area.

I. On May 1, 2023, the City Council adopted Ordinance No. 23-1508, approving (1) amendment of the pre-zoning designations of the Project Site from HPD and OS to RS-4-P and OS-P Districts, with a Master Plan Overlay (-P) in place of the previously proposed Interim Study Overlay (-S) District; and (2) the Faria/Southwest Hills Master Plan. The approvals and development policies described in these Recitals, together with this Agreement, are collectively referred to herein as the “Project Approvals.”
J. City has determined that the Project presents certain public benefits and opportunities which are advanced by City and Developer entering into this Agreement. This Agreement will, among other things, require conditions of approval and other exactions resulting in:

1. Developer’s commitment that it will comply with Pittsburg Municipal Code (PMC) 18.86.080 by paying fees in lieu of constructing affordable housing units, as set forth in Section 3.09 of this Agreement.

2. The inclusion of the Project Site into the City’s existing Community Facilities District 2007-1 and a lighting and landscaping district or similar assessment district, at no cost to the City, in order to provide funding for certain landscape and lighting costs, as set forth in Section 5.06 of this Agreement. Developer shall fund all costs associated with creation and annexation into CFDs.

3. The expansion of the City’s Southwest Pittsburg Geologic Hazard Abatement District (the “Southwest Pittsburg GHAD”) or the establishment of a new GHAD, at no cost to City or any GHAD, to provide for, among other things, geologic hazard abatement, maintenance of detention basins, grassland maintenance, fire protection, erosion control within portions of the project Site, as set forth in Section 5.05 of this Agreement.

4. The inclusion of the Project Site into the City’s existing police services Community Facilities District 2004-1, at no cost to the City, in order to provide for police and other emergency services to the Project Site, as set forth in Section 5.07 of this Agreement.

5. The inclusion of the Project Site into the City’s existing fire services Community Facilities District 2017-1, at no cost to the City, in order to provide emergency fire services to the Project Site, as set forth in Section 5.08 of this Agreement.

6. Payment of an In-Lieu Parkland Dedication Fee, as applicable and approved by the City, in order to fund the development of public park facilities, as more particularly set forth in Section 5.09 of this Agreement.

7. Contribution to the City of the sum of Two Million Dollars ($2,000,000) for improvements to existing community facilities or for reimbursement of City expenses related to the construction of community facilities, including but not limited to, the California Theater, sports facilities, or the Marina Center, as more particularly set forth in Section 3.15 below.

K. In exchange for the benefits to City described in the preceding Recital I and others set forth herein, Developer will receive by this Agreement assurances that it may 293
FARIA DEVELOPMENT AGREEMENT Page 3 of 30 Rev: April 18, 2023 proceed with the long-term phased development of the Project in accordance with the “Applicable Law” (defined herein), and therefore desires to enter into this Agreement.

L. The City Council, after conducting a duly noticed public hearing, has found that this Agreement is consistent with the General Plan and has conducted all necessary proceedings in accordance with the City’s rules and regulations for the approval of this Agreement.

M. The City Council, on May 1, 2023, at a duly noticed public meeting adopted Ordinance No. 23-1507, approving and authorizing the execution of this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the covenants and obligations set forth herein, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows:

ARTICLE I

DEFINITIONS
“Administrative Agreement Amendment” shall have that meaning set forth in Section 7.02 of this Agreement.
“Administrative Project Amendment” shall have that meaning set forth in Section 7.01 of this Agreement.
“Agreement” shall mean this development agreement.
“Applicable Fees” shall have that meaning set forth in Section 3.04 of this Agreement. “Applicable Law” shall have that meaning set forth in Section 6.03 of this Agreement. “Buildout” shall mean the City’s issuance to Developer of the last certificate of occupancy required for any portion of the Project Site. “Certificate of Annexation” shall mean the certification of completion of annexation issued by the Executive Officer of the Contra Costa County Local Agency Formation Commission.
“CEQA” shall mean the California Environmental Quality Act, Public Resources Code § 21000, et seq.
“Changes in the Law” shall have that meaning set forth in Section 6.07 of this Agreement.
“City” shall mean the City of Pittsburg, a California municipal corporation. “Complaining Party” shall have that meaning set forth in Section 10.01 of this Agreement.
“Day” or “days” shall mean calendar day or calendar days. 294
FARIA DEVELOPMENT AGREEMENT Page 4 of 30 Rev: April 18, 2023 “Default Notice” shall have that meaning set forth in Section 10.01 of this Agreement. “Defaulting Party” shall have that meaning set forth in Section 10.01 of this Agreement. “Deficiencies” shall have that meaning set forth in Section 9.02(a) of this Agreement. “Developer” shall mean Faria Land Investors, LLC, a California limited liability company. “Effective Date” shall have that meaning set forth in Section 2.01 of this Agreement. “Fair Share” shall mean the proportionate share which the Developer, or other party, shall bear of the improvement, facility, or structure which is providing service to the Project, Developer or other party. The term “fair share” or similar terms used herein are not intended by the parties to this Agreement to impose a different or higher burden of proof on the City as to its fees, charges, or other exactions, than exists under applicable State or federal law. “Funding Mechanisms” shall have that meaning set forth in Section 3.08 of this Agreement.
“General Plan” shall mean the local planning document adopted by the City of Pittsburg pursuant to Government Code section 65300 et seq., as may be amended from time to time. “HCP” shall mean the East Contra Costa County Habitat Conservation Plan. “Judgment” shall have that meaning set forth in Section 9.02(a) of this Agreement. “LLD” shall have that meaning set forth in Section 5.06 of this Agreement. “Non-Assuming Transferee” shall have that meaning set forth in Section 8.03 of this Agreement.
“Notice of Compliance ” shall have that meaning set forth in Section 8.04 of this Agreement.
“Periodic Review” shall have that meaning set forth in Section 10.03 of this Agreement. “Police Services District” shall have that meaning set forth in Section 5.07 of this Agreement.
“Project” shall have that meaning set forth in Recital D of this Agreement. “Project Approvals” shall have that meaning set forth in Recitals A through G of this Agreement.
“Project Site” shall have that meaning set forth in Recital C of this Agreement. “Public Improvements” shall have that meaning set forth in Article XI of this Agreement.
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FARIA DEVELOPMENT AGREEMENT Page 5 of 30 Rev: April 18, 2023 “Subsequent Approvals” shall mean those certain other land use approvals, entitlements, and permits other than the Project Approvals that are necessary or desirable for the Project. The Subsequent Approvals may include, without limitation, the following:
amendments of the Project Approvals, tentative subdivision maps, final subdivision maps, design review approvals, improvement agreements, use permits, grading permits, building permits, lot line adjustments, sewer and water connection permits, certificates of occupancy, subdivision maps, PD Plans, rezonings, general plan amendments, development agreements, permits, subdivisions and any amendments to, or repealing of, any of the foregoing. “Term” shall have that meaning set forth in Section 2.02 of this Agreement. “Transfer Agreement” shall have that meaning set forth in Section 8.02(a) of this Agreement.

If any capitalized terms contained in this Agreement are not defined above, then any such terms shall have the meaning otherwise ascribed to them in this Agreement.

ARTICLE II
EFFECTIVE DATE; TERM
Section 2.01 Effective Date. This Agreement shall become effective upon the date the ordinance approving this Agreement becomes effective (the “Effective Date”).

Section 2.02 Term. The term of this Agreement shall commence upon the Effective Date and continue for a period of thirty-five (35) years (the “Term”).

ARTICLE III

OBLIGATIONS OF DEVELOPER
Section 3.01 Obligations of Developer Generally. The parties acknowledge and agree that the City’s agreement to perform and abide by the covenants and obligations of City set forth in this Agreement is a material consideration for Developer’s agreement to perform and abide by its long-term covenants and obligations, as set forth herein. As material consideration for the long-term assurances and vested rights provided by this Agreement and as a condition of approval to one or more of the Project Approvals, Developer agrees to each of the following:

Section 3.02 Facility Reserve Charges. Developer agrees to pay City’s Facility Reserve Charges (“FRC”) as set or modified by the City Council from time to time. Developer shall reserve the right to review any FRC Fee Study conducted by the City.

Section 3.03 Water Infrastructure. Developer shall comply with the current Water System Master Plan, as may be amended from time to time. Construction timing of required facilities shall be determined by the City Engineer.

Section 3.04 Applicable Fees. City may levy development fees and charges during the term of this Agreement relative to the development of the Project Site which are in force and effect as of the Effective Date, as more particularly described and according to the payment schedule set forth on Exhibit B (“Applicable Fees”). Unless otherwise provided in this 296
FARIA DEVELOPMENT AGREEMENT Page 6 of 30 Rev: April 18, 2023 Agreement, no development fees, or charges, or categories thereof, shall be imposed on the Project other than those fees (including categories within such fees), and charges identified as Applicable Fees on Exhibit B, which exhibit shall exclusively govern the Applicable Fee payment schedule. The parties agree that any and all Project development fees, charges or exactions related to schools, fire prevention, water, sewer, stormwater, and storm drainage facilities, which are to be paid by Developer directly to third-party governmental agencies, are not subject to or within the scope of this Agreement whether such third-party charges exist or are subsequently imposed by such third parties, whether directly upon Developer or through City. This provision shall not be construed to benefit any Non-Assuming Transferees, as such term is defined in herein.

Section 3.05 Applicable Fee Adjustments. Developer shall pay fees and charges consistent with Section 3.04 above, and the applicable adjustments currently authorized with such fees, and as modified from time to time by the City, whether such adjustment or modification is an increase or decrease. Developer retains the right to challenge the imposition of any new fees not referenced in this Agreement or the modification, amendment or adjustment of the fees set forth in Sections 3.02, 3.03 and all Applicable Fees pursuant to Government Code § 66000 et seq., not already authorized by ordinances, resolutions, or policies in place at the time of this Agreement’s execution. Should the City Council approve a new AB 1600 fee study and/or authorize a decrease in any of the Applicable Fees during the term of this Agreement by ordinance or by resolution, Developer shall have the option, at its sole discretion, to pay the lower fee, as may be adjusted by the applicable CPI or ENR, unless otherwise bound by separate contract or memorandum of understanding with City. In no event shall Developer receive retroactive adjustments for lower fees.

Section 3.06 City Local Traffic Mitigation Fee. Developer shall pay the City Local Traffic Mitigation Fee (LTMF), which fee is necessary to finance unmet City traffic improvement needs in the amount in effect as of the Effective Date and subject to adjustment in accordance with Resolution No. 07-10917 with credit for certain improvements constructed by Developer per Section 4.04 below. If the City Council approves a new AB 1600 fee study and/or authorizes a decrease in any of the Applicable Fees during the term of this Agreement by ordinance or by resolution, Developer shall have the option, at its sole discretion, to pay the lower fee, as may be adjusted by the applicable CPI or ENR, unless otherwise bound by separate contract or memorandum of understanding with City. In no event shall Developer receive retroactive adjustments for lower fees.

Section 3.07 Regional Traffic Fee. Developer shall pay the East Contra Costa Regional Fee and Financing Authority (ECCRFA) Regional Transportation Development Impact Mitigation Fee (PMC Chapter 15.102; the “RTDIM”) amount in effect when the Developer obtains a building permit. The RTDIM will be automatically increased or decreased on January 1 of each year based on the percent change in the Engineering News Record Construction Costs Index-San Francisco Bay Area for the one-year period ending Sept. 30 of the preceding year. Developer shall pay the fees prior to issuance of a Building Permit. If no Building Permit is required, then Developer shall pay the fees at a time consistent with PMC Section 15.102 in the amount in effect when the Project commences pursuant to PMC Section

15.102.
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FARIA DEVELOPMENT AGREEMENT Page 7 of 30 Rev: April 18, 2023 Section 3.08 Fees, Assessments and/or Taxes to be Paid by Developer.

Developer agrees to pay its fair share of any levies imposed by any assessment district, landscaping and lighting district, community facilities district, tax-exempt financing mechanisms, or other funding mechanisms related to public safety; traffic; sewer; water; fire; the prevention, mitigation, abatement, or control of geologic hazards; or other infrastructure improvements (including, without limitation, design, acquisition, construction and maintenance costs) (collectively, “Funding Mechanisms”) within the Project Site, provided that such Funding Mechanism is referenced herein and/or was legally created pursuant to applicable law.

Section 3.09 Affordable Housing. Pursuant to PMC section 18.86.080(c), Developer shall pay to the City fee(s) in lieu of constructing affordable units (the “In Lieu Fee”).

The In Lieu Fee(s) shall be set by the City by resolution or other action of the City Council and may be amended from time to time so that the fee amounts are equal to the cost of developing a comparable market rate unit on-site and may be amended from time to time.

The In Lieu Fee(s) shall be paid upon issuance of the first building permit for the Project. If the Developer elects to construct the project in phases pursuant to Section 6.08 of this Agreement and building permit(s) are issued for only part of the Project, the In Lieu Fee(s) amount shall be based only on the number of units then permitted for construction and shall be due payable upon issuance of the first building permit for each phase.

The Developer shall be required to pay the In Lieu Fee(s) established by City Council resolution and in effect at the time each building permit is issued. The Developer hereby agrees not to contest the current In Lieu Fee(s) or changes to the established In Lieu Fee(s) for the duration of this Agreement. For purposes of fee calculation, Developer shall pay the In Lieu Fee(s) for an “Owner Project.”
(a) Inclusionary Housing Ordinance. Notwithstanding any provision of this Agreement, in the event that the City has rescinded its previously adopted inclusionary housing ordinance and not replaced it with another affordable housing or similar ordinance, or such ordinance has been declared illegal, Developer shall not be obligated to comply with the provisions for affordable housing set forth in this Agreement.

Section 3.10 C.3 Facilities. The Developer shall submit a complete Stormwater Control Plan and Report for each phase of the Project. Developer may construct or participate in the funding of offsite C.3 facilities on land owned by the City or others, if available, provided the construction of such off-site facilities is consistent with the then current Regional Water Quality Control Board permit and approved by the City Engineer. The C.3 treatment facility(ies) shall be adequately sized to treat the stormwater runoff from the associated drainage management areas and supporting calculations and plans shall be submitted to the Engineering Division for review prior to issuance of a grading permit. In the event it is determined that the runoff cannot be treated off-site, the Developer shall treat the runoff, or a portion thereof, onsite at a facility adequately sized and designed to meet the treatment and flow control needs. The treatment facility(ties) shall be constructed with each respective phase of the project, as approved by the City Engineer in writing. Should the C.3 regulations be revised in the future such that the size of the facilities may be decreased, Developer shall have the right to reduce the size of the proposed facilities following written approval by the City 298
FARIA DEVELOPMENT AGREEMENT Page 8 of 30 Rev: April 18, 2023 Manager and may seek entitlements to develop the eliminated property(ies). Any allowed offsite facilities constructed for compliance with C.3 provisions shall be completed prior to the final inspection or certificate of occupancy required for the last phase of construction.

Section 3.11 Security Improvements.
(a) Developer shall pay to the City the actual cost incurred by the City (not to exceed an amount equal to Two Hundred Thousand Dollars [$200,000] increased annually by the Construction Cost Index by Engineering News-Record, with the first increase implemented in January 2023 reflecting 2022 increases) towards funding the acquisition and installation of security camera(s) in the southwest Pittsburg area. The security cameras will be installed at the discretion and under the supervision of the City’s Police Chief. Developer shall pay such costs within thirty (30) days of receipt of invoice. (b) Developer shall install a basic home security system in the Project homes (defined herein as, at a minimum, entry sensors on the first-floor windows and doors, as well as any required appurtenances necessary for proper function, including but not limited to base stations and keypads). Developer shall provide one year of professional monitoring service to new homeowners. The monitoring service shall be at the election of the new homeowner.

Section 3.12 School Facilities Impact Mitigation. Developer shall pay in lieu school impact fees in accordance with Government Code §§ 65995 et seq.

Section 3.13 Installation of Full Trash Capture Devices. Developer shall install full trash capture devices in all inlets within the project site that discharge directly to the City’s storm drain conveyance system without prior treatment. The full trash capture device installed shall be chosen from the State Water Board’s approved list of devices.

Section 3.14 Single-story homes. Developer agrees that at least five percent (5%) of the single-family homes within the Project shall be single story. The design and amenities of the single-story homes shall be consistent with the remaining homes in the Project.

Section 3.15 Community Benefit Payment. Upon the earlier of: 1) issuance of the 100th development permit (including but not limited to grading and building permits), 2) two (2) years of issuance of the first development permit, or 3) five (5) years of the date of this Agreement, Developer shall contribute the sum of Two Million Dollars ($2,000,000; increased annually by the Construction Cost Index by Engineering News-Record, with the first increase implemented in January 2023 reflecting 2022 increases) to the City for improvements to existing community facilities or for reimbursement of City expenses related to the construction of community facilities, including but not limited to, the California Theater, sports facilities, or the Marina Center. The location and scope of improvements shall be at the sole discretion of the City and shall be subject to CEQA review, as applicable.

Section 3.16 Monument Signs. Within three hundred and sixty (360) days from the issuance of the Certificate of Annexation, Developer shall, at a cost not to exceed One Hundred Thousand Dollars ($100,000.00; increased annually by the Construction Cost Index by Engineering News-Record, with the first increase implemented in January 2023 reflecting 2022 increases), install decorative non-electronic monument signs identifying entry into the City of 299
FARIA DEVELOPMENT AGREEMENT Page 9 of 30 Rev: April 18, 2023 Pittsburg at one or more of the following locations: (i) Southside of State Route 4, west of the San Marco Villas apartments; (ii) East side of Bailey Road, on APN: 092-030-011; and (iii) East side of Kirker Pass/Railroad Avenue, north of the Pittsburg City limits. The City shall determine the final design and location of the monument signs in its sole discretion and shall procure the land (fee title or easement) where the monument signs will be installed, if necessary. The City shall promptly review and process the proposed signage plans submitted by Developer and agrees that such signs shall all be similar in size and style. The City shall reserve the right to dedicate the entire amount to the installation of fewer than the three signs noted above, and neither the Developer or City shall be obligated to install any further signage.

Section 3.17. Interconnection Point. Upon receipt by Developer of a written notice from the City of an interconnection point near the Project, Developer shall install the necessary conduit within the Project joint trenches to allow for the installation of necessary electrical infrastructure to be installed, operated and maintained by the Pittsburg Power Company (PPC).

All electrical service to the Project will be provided by the PPC. Nothing herein shall limit or delay Developer from proceeding with development of its Project.

Section 3.18. Enhanced Infrastructure Financing District (“EIFD”). City may, at its sole discretion, pursue the establishment of an EIFD within the City as a mechanism for, among other things, funding infrastructure improvements within the City that serve the Project and may also serve other properties. Developer agrees to use its best reasonable efforts to support the City’s establishment of an EIFD provided such EIFD does not increase the applicable tax rate for the Project.

Section 3.19. Establishment of maintenance or similar types of districts. Upon establishment by the City of maintenance or similar types of districts to help fund the maintenance of Project specific infrastructure, Developer shall agree to annex any then undeveloped portion of the Project into said districts. Nothing herein shall prohibit Developer from reviewing, commenting on or opposing the proposed assessments associated with the establishment of such districts.

Section 3.20 Complete Streets. Developer shall ensure all improvements to public streets are developed and designed pursuant to Contra Costa Transportation Authority’s (CCTA) “complete streets” guidelines.

Section 3.23 Mitigation Measures. Developer shall implement, at its sole cost, all mitigation measures contained within the final Mitigation Monitoring and Reporting Program (“MMRP”) adopted by the City Council on April 17, 2023.

Section 3.24 Minimum Lot Size. Developer shall have a lot size of at least 6,000 square feet for any development occurring within the master plan area, including as requested through any subsequent entitlements.

ARTICLE IV

OBLIGATIONS OF CITY
Section 4.01 Obligations of City Generally. The parties acknowledge and agree that Developer’s agreement to perform and abide by its covenants and obligations set forth in this Agreement, including Developer’s decision to process the siting of the Project in the City, 300
FARIA DEVELOPMENT AGREEMENT Page 10 of 30 Rev: April 18, 2023 is a material consideration for City’s agreement to perform and abide by the long-term covenants and obligations of City, as set forth herein.

Section 4.02 Availability of Public Services.
(a) General. To the extent permitted by law and consistent with its authority, City shall reserve such capacity for water services as may be necessary to serve the Project. This reservation of water infrastructure capacity shall be assured for the Term to the extent consistent with applicable law.
(b) Construction Water. City shall make construction water available to the Project allowing the Project access to the City’s existing water supply infrastructure, at a location reasonably determined by the City, at Developer’s cost and on those terms and conditions and charges customarily applied by City to similar projects consistent with City standards. Developer shall provide backflow prevention for all points of connection to the City’s potable supply system and the volume of water consumed shall be tracked with the use of a City-issued hydrant meter. City shall also allow Developer to install such temporary construction water pipelines and related infrastructure as reasonably necessary to provide construction water to the Project site for Developer’s use in any and all Project grading and construction operations, as long as such water is unrelated to potable use.

Section 4.03 Developer’s Right to Rebuild. City agrees that Developer, in Developer sole’s discretion, may renovate or rebuild the Project within the Term of this Agreement should it become necessary due to natural disaster, changes in seismic requirements, force majeure, acts of terrorism, or damage to work in progress by reason of fire, floods or other casualties. Any such renovation or rebuilding shall be subject to the square footage and height limitations vested by this Agreement, and shall comply with the Project Approvals, the building codes existing at the time of such rebuilding or reconstruction, and the requirements of CEQA and this Agreement.

Section 4.04 Reimbursement of Infrastructure Costs.
(a) Reimbursement. Unless otherwise provided for herein, to the extent Developer incurs costs related to the planning and construction of traffic infrastructure, water delivery infrastructure, the off-site water tank, pump station, sewer infrastructure or other public infrastructure required by City or this Agreement for the Project that exceed the Project’s fair share obligation for such infrastructure, City shall reimburse Developer for the City’s portion of such costs (including any management fees provided for in this Agreement), subject to City’s prior verification through inspection of the construction that is subject to such reimbursement and upon final acceptance of the infrastructure by the City. This reimbursement shall be paid within sixty (60) days after City’s final acceptance or at such other time as mutually agreed upon in writing by the parties. Developer shall be entitled to a management fee of five percent (5%) for City’s share of approved infrastructure costs, including but not limited to design and special inspection costs. The management obligations of Developer hereunder shall include contracting and managing the construction of the infrastructure, retaining copies of records, photographs and “as builts” for the improvement(s) as well as attending meetings and providing necessary reports as reasonably requested by City.
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FARIA DEVELOPMENT AGREEMENT Page 11 of 30 Rev: April 18, 2023 (b) City’s Authorization of Reimbursement. Notwithstanding any other provision of this Section, or of this Agreement, or of VTM provisions, City shall not be responsible to reimburse or credit Developer for any costs, including as referenced in Section 4.04(a) herein, unless prior to Developer incurring any costs for which Developer will request reimbursement from City, Developer shall first provide written documentation as to the work to be performed, the estimated costs thereof, including a not-to-exceed cap, and such other details as reasonably requested by the City Manager, and the City Manager approves the proposed costs and related work. If the City Manager fails to respond within thirty (30) days of its receipt of such estimated costs, Developer shall provide a second written notice to the City Manager and to the City Engineer, if neither responds within thirty (30) days of the City’s receipt of the second request, the request shall be deemed approved. The City Manager shall have the discretion to require Developer to obtain competitive bids on any work for which Developer may request reimbursement or credit from the City where the total cost (not just the City’s share) of that work is One Hundred Thousand Dollars ($100,000) or more. City shall also have the opportunity to inspect any and all infrastructure during its construction, as well as to review any work product for which Developer requests reimbursement or credits. If mutually agreed by the parties in writing, any reimbursement due Developer pursuant to this Agreement may be satisfied by City in the form of credits, which can actually be used by Developer to offset Developer’s payment of any Applicable Fees. In the event there are not enough credits to fully satisfy the reimbursement due to Developer, and subject to the terms of the mutual agreement between the parties referenced in the prior sentence, City shall reimburse Developer within thirty (30) days of invoicing.

Section 4.05 Park In-Lieu Fees. Developer and City agree that the park in-lieu fee amount will be Ten and 89/100ths Dollars ($10.89) per square foot (unless City adopts a lower fee in which case the lower fee shall apply), increased annually by the Construction Cost Index by Engineering News-Record, with the first increase implemented in January 2023 reflecting 2022 increases.

ARTICLE V
COOPERATION — IMPLEMENTATION
Section 5.01 Processing Application for Subsequent Approvals. The parties agree that all Subsequent Approvals shall be processed by City in a manner consistent with the following provisions:
(a) Standard of Review. By adopting the Project Approvals, City has made a final policy decision that the Project is in the best interests of the public health, safety and general welfare. Accordingly, City shall not use its discretionary authority in considering any application for a Subsequent Approval to change the policy decisions reflected by the Project Approvals or otherwise prevent or delay development of the Project as set forth in the Project Approvals. Instead, the Subsequent Approvals shall be deemed tools to implement those final policy decisions and shall be issued by City so long as they comply with this Agreement and Applicable Law, as defined below, and are not inconsistent with the Project Approvals as set forth above, and meet the intent and comply with any City adopted Designed Guidelines, as applicable. To the extent permitted by law, City shall not use its discretionary authority in considering these Subsequent Approval applications to revisit or frustrate the policy decisions or material terms reflected by the Project Approvals. Developer agrees that 302
FARIA DEVELOPMENT AGREEMENT Page 12 of 30 Rev: April 18, 2023 development under this Agreement shall comply with provisions reflected in Uniform Codes (whether building, fire, plumbing, or other applicable uniform codes) which may be adopted subsequent to the Effective Date of this Agreement.
(b) Basis for Denial. City may deny an application for a Subsequent Approval only if such application does not comply with this Agreement or Applicable Law, defined below in Section 6.03, or does not substantially comply with the Project Approvals (provided, however, that inconsistency with the Project Approvals shall not constitute grounds for denial of a Subsequent Approval which is requested by Developer as an amendment to that Project Approval). City may approve an application for such a Subsequent Approval subject to any conditions necessary to bring the Subsequent Approval into compliance with this Agreement or Applicable Law, or as is necessary to make this Subsequent Approval consistent with the Project Approvals. If City denies any application for a Subsequent Approval, City shall specify in writing the reasons for such denial and may suggest a modification which would be approved by City.

Section 5.02 Timely Submittals by Developer. Developer acknowledges that City cannot expedite processing of the Subsequent Approvals until Developer submits complete applications on a timely basis. Developer shall use its best efforts to (i) provide to City in a timely manner any and all documents, applications, plans, and other information necessary for City to carry out its obligations hereunder; and (ii) cause Developer’s planners, engineers, and all other consultants to provide to City in a timely manner all such documents, applications, plans and other necessary materials as set forth in the Applicable Law. It is the express intent of Developer and City to cooperate and diligently work to obtain any and all Subsequent Approvals consistent with this Agreement.

Section 5.03 Timely Processing by City. Upon submission by Developer of all appropriate applications and processing fees for any Subsequent Approval, City shall promptly and diligently commence and complete all steps necessary to act on the Subsequent Approval applications including, without limitation, (i) providing at Developer’s expense and subject to Developer’s request and prior written approval, reasonable overtime staff assistance and/or staff consultants for planning and processing of each Subsequent Approval application; (ii) if legally required, providing notice and holding public hearings; and (iii) acting on any such Subsequent Approval application. If Developer elects to request and approve the use of overtime staff assistance or staff consultants for planning and processing of any Subsequent Approval pursuant to this Section 5.03, Developer’s reimbursement to City for such services shall be made in amount equal to City’s actual costs of providing such services, in accordance with standard City practice.

Section 5.04 Other Government Permits. At Developer’s sole discretion and in accordance with Developer’s construction schedule, Developer shall apply for such other permits and approvals as may be required by other governmental or quasi-governmental entities in connection with the development of, or the provision of services to, the Project. City shall cooperate with Developer in its efforts to timely obtain such permits and approvals and shall, from time to time, at the request and sole expense of Developer, use its best efforts to ensure the timely availability of such permits and approvals. 303
FARIA DEVELOPMENT AGREEMENT Page 13 of 30 Rev: April 18, 2023 Section 5.05 Southwest Hills Geologic Hazard Abatement District (GHAD).

Developer agrees to take all steps necessary to either expand the existing Southwest Pittsburg Geologic Hazard Abatement District (the “Southwest Pittsburg GHAD”) or to establish a new GHAD, at no cost to City or to the GHAD, to provide for, among other things, geologic hazard abatement, maintenance of detention basins, grassland maintenance, fire protection, and erosion control within portions of the Project Site. City shall cooperate with Developer in these efforts. Unless otherwise required by law, the parties intend that the Project Site shall be assessed by the Southwest Pittsburg GHAD or a new GHAD upon the respective GHAD’s acceptance of the GHAD Area identified in the Project Approvals.

Section 5.06 Lighting and Landscaping District.
(a) At the request of City, Developer shall cooperate in and not challenge the formation of a new lighting and landscaping district, community facilities district, or similar assessment mechanism established for the purposes of maintaining lighting and landscaping improvements throughout the Project, that City determines is needed to fund landscape and lighting maintenance and to ensure the orderly development of the Project. Any and all costs associated with the establishment of this district shall be borne by City. In the event the City does not establish a new district prior to issuance of a building permit for one or more phases of the Project, Developer agrees to annex the Project Site into the City’s existing Lighting and Landscaping District, as established pursuant to City Resolution No. 88-7324. The parties agree that the lighting and landscaping district assessment described herein shall finance, among other things, the maintenance of any and all landscape improvements and the maintenance of the parks.
(b) Developer agrees to annex the Project Site into the City’s Community Facilities District 2007-1 for park maintenance and the City’s Community Facilities District 2016-1 for maintenance of C.3 facilities and, to the extent permitted by law, that the Project shall be assessed in a manner consistent with the provisions herein. (c) Developer agrees that the base assessment applies to the Project and is subject to increase, provided any such increase of the base assessment imposed uniformly or similarly situated properties by City in a manner consistent with State law.

Developer further agrees that the base assessment shall be levied upon recordation of each of the Project’s final maps.

Section 5.07 Police Services CFD. Developer agrees to annex the Project Site into the City’s existing police services Community Facilities District 2004-1, as adopted pursuant to Resolution No. 04-10071 (the “Police Services District”) at no cost to the City, in order to provide for police and other emergency services to the Project Site. This process shall be completed, to the reasonable satisfaction of the City Manager and the City Attorney, before filing the first final map on the Project. Each legal residential lot located on the Project Site will be required to pay the levy by the Police Services District no earlier than the issuance of a building permit for such lot.

Section 5.08 Fire Services CFD. Developer agrees to annex the Project Site into the City’s existing fire protection services Community Facilities District 2017-1, as adopted pursuant to Resolution No. 17-13311 (the “Fire Facilities and Fire Safety and Emergency 304
FARIA DEVELOPMENT AGREEMENT Page 14 of 30 Rev: April 18, 2023 Services District”) at no cost to the City, in order to provide for fire protection services in the City for the Contra Costa Fire Protection District and acquisition or replacement of equipment primarily situated in the fire stations located in the City. This annexation process shall be completed, to the reasonable satisfaction of the City Manager and the City Attorney, for each phase of the development after the recordation of a final map for such phase and prior to issuance of the first building permit in such phase. Each legal residential lot located on the Project Site will be required to pay the levy by the Fire Services District no earlier than the issuance of a building permit for such lot.

Section 5.09 Parkland Dedication In-Lieu Fee. Developer shall meet its Park Dedication requirements with either a dedication of land or payment of an in-lieu fee, or combination of both in accordance with PMC 17.32.020 Park Dedication.

Section 5.10 Assessment Districts or Other Funding Mechanisms. (a) City understands that City’s long-term assurances to Developer concerning fees, taxes and assessments related to the Project are a material consideration for Developer agreeing to process the siting of the Project in its present location and to pay the fees, taxes and assessments described in this Agreement. City shall retain the ability to initiate or process applications for the formation of new assessment districts or other Funding Mechanisms, as defined in Sections 3.08 and 5.06 of this Agreement, covering all or any portion of the Project site. Notwithstanding the foregoing, Developer retains all its rights to oppose the formation or proposed assessment of any new assessment district, Funding Mechanism, or any and all increases thereto, or to request or pursue assessment credits or reductions, unless otherwise provided for herein or unless such assessment, Funding Mechanism or related increases are in place and legally effective as of the date of this Agreement’s Effective Date.
(b) At the request of Developer, City shall cooperate in the formation of, or annexation to, those assessment districts, landscaping and lighting districts, community facilities districts, tax-exempt financing mechanisms, or other Funding Mechanisms that Developer and City determine are needed to fund infrastructure improvements and to ensure the orderly development of the Project, at no cost to the City. City shall diligently and expeditiously process applications by Developer necessary to establish such Funding Mechanisms as long as (i) the application complies with law, (ii) is consistent with City’s standards, and (iii) provides for a lien to value ratio and other financial terms that are reasonably acceptable to City, and which will result in no commitment of City. City shall diligently seek to sell any bonds to be issued and secured by such assessments upon the best terms reasonably available in the marketplace. Any and all costs associated with this Section shall be borne and/or advanced by Developer.

Section 5.11 Warranty Bonds. Developer agrees that every infrastructure improvement dedicated to City (except landscaping, unimproved real property or open space dedications) pursuant to this Agreement shall be accompanied by a one (1) year warranty bond in a form and in an amount, and with a surety acceptable to City, or otherwise as determined in the applicable Subdivision Improvement Agreement.
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FARIA DEVELOPMENT AGREEMENT Page 15 of 30 Rev: April 18, 2023

ARTICLE VI

STANDARDS, LAWS AND PROCEDURES GOVERNING THE PROJECT
Section 6.01 Vested Right to Develop. Developer shall have a vested right to develop the Project on the Project Site in substantial conformance with the terms and conditions of this Agreement, the Project Approvals (as and when issued), the Subsequent Approvals (as and when issued), and amendments thereto as shall, from time to time, be approved pursuant to this Agreement. Nothing in this Section 6.01 shall be deemed to eliminate or diminish the requirement of Developer to obtain any required Subsequent Approvals.

Section 6.02 Permitted Uses Vested by This Agreement. The permitted uses of the Project Site; the density and intensity of use of the Project Site; the maximum height, bulk and size of proposed buildings; provisions for reservation or dedication of land for public purposes and the location of public improvements; the general location of public utilities; and other terms and conditions of development applicable to the Project, shall be as set forth in the Project Approvals and, as and when they are issued (but not in limitation of any right to develop as set forth in the Project Approvals), the Subsequent Approvals.

Section 6.03 Applicable Law. “Applicable Law” shall mean the existing rules, regulations, official policies, standards and specifications governing permitted uses of the project site; governing density; and governing design, improvements, and construction standards and specifications applicable to the Project and Project site as set forth in this Agreement and the Project Approvals, and in force and effect on the Effective Date of this Agreement. However, this Agreement and this Section shall not be construed to prevent the City, in any subsequent actions applicable to the Project Site, from applying any new rules, regulations, official policies, standards, and specifications that do not conflict with those rules, regulations, official policies, standards, and specifications existing as of the Effective Date of the Agreement.

Section 6.04 Uniform Codes. Notwithstanding any other provision of this Agreement, City may apply to the Project Site, at any time during the Term, the then current Uniform Building Code and other uniform construction codes as properly modified by City and uniformly applied on a citywide basis, and City’s then current design and construction standards for road and storm drain facilities. In no event shall any such uniform code or standard be adopted for the purpose of preventing or otherwise limiting construction of all or any part of the Project.

Section 6.05 Moratorium and Conflicting Enactments. To the extent consistent with State Law, if any ordinance, resolution or other measure is enacted, whether by action of City, by initiative, referendum, or otherwise, that imposes a building moratorium, a limit on the rate of development, or a voter-approval requirement which would otherwise affect the timely development of the Project on all or any part of the Project Site, City agrees that such ordinance, resolution or other measure shall not apply to the Project, the Project Site, this Agreement, the Project Approvals, or the Subsequent Approvals, if any, during the term of this Agreement, unless the building moratorium is imposed as part of a declaration of a local emergency or state of emergency as defined in Government Code Section 8558. Developer 306
FARIA DEVELOPMENT AGREEMENT Page 16 of 30 Rev: April 18, 2023 reserves the right to challenge in court any City action or inaction which Developer believes is in conflict with Applicable Law or this Agreement.

Section 6.06 Life of Subdivision Maps, Development Approvals, and Permits.

To the extent consistent with Applicable Law, the term of any subdivision map or any other map, permit, rezoning or other land use entitlement approved as a Project Approval or Subsequent Approval shall automatically be extended for the duration of this Agreement, including any extensions. The term of this Agreement and any subdivision map or other Project Approval or Subsequent Approval shall not include any period of time during which any applicable development moratorium (including, but not limited to, a water or sewer moratorium) or the actions of other public agencies that regulate land use, development or the provision of services to the land, prevents, prohibits or delays the construction of the Project. The term of this Agreement and any subdivision map or other Project Approval or Subsequent Approval shall not include any period of time during which any applicable court order or other legal requirement prevents the processing of any Subsequent Approval or prevents any Project development activities
Section 6.07 State and Federal Law. As provided in California Government Code § 65869.5, if any state or federal laws or regulations, enacted after this Agreement’s Effective Date prevent or preclude compliance with one or more provisions of this Agreement (“Changes in the Law”), such provision of the Agreement shall be modified or suspended as may be necessary to comply with Changes in the Law, and City and Developer shall take such action as may be required pursuant to this Agreement including, without limitation, Article V and Section 10.05. Not in limitation of the foregoing, nothing in this Agreement shall preclude City from imposing on Developer any fee specifically required by State or Federal laws and regulations.

Section 6.08 Timing of Project Construction and Completion. (a) Project Phasing. The Project may be built in phases in response to then-existing market conditions over the Term of the Agreement. Except as otherwise specifically provided by this Agreement with respect to Project infrastructure timing, City and Developer expressly agree that there is no requirement that Developer initiate or complete development of the Project or any particular phase of the Project within any particular period of time, and City shall not impose such a requirement on any Project Approval. However, Developer shall substantially complete construction of any approved off-site improvements that were a part of any phase of the Project that received permits for construction, or bond for such improvements, to the satisfaction of the City Engineer, prior to Developer commencing construction of any subsequent phases of the Project. The parties acknowledge that Developer cannot at this time predict when or the rate at which or the order in which phases will be developed. Such decisions depend upon numerous factors which are not within the control of Developer, such as market demand, interest rates, competition and other similar factors. (b) The parties agree that Developer shall be able to develop in accordance with Developer’s own time schedule as such schedule may exist from time to time, and Developer shall determine which part of the Project Site to develop first, and at Developer’s chosen schedule. In particular, and not in limitation of any of the foregoing, since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that 307
FARIA DEVELOPMENT AGREEMENT Page 17 of 30 Rev: April 18, 2023 the failure of the parties therein to consider and expressly provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ desire to avoid that result by acknowledging that Developer shall have the right to develop the Project in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment.

Developer’s rights under this Section 6.08(b) shall be subject to the requirement that adequate infrastructure to serve each phase of the Project is constructed concurrently with such phase.

The City Manager shall reasonably determine what infrastructure will be required to serve each phase of the Project, which determination shall be consistent with Applicable Law. (c) Nothing in this Agreement shall exempt Developer from completing work required by a subdivision agreement, road improvement agreement or similar agreement in accordance with the terms thereof.

Section 6.09 Exempting Fees, Mitigation Measures and Similar Requirements Imposed by Outside Agencies. Notwithstanding any other provision of this Agreement, the City agrees to exclude Developer from any and all discretionary collection agreements regarding fees, mitigation measures and similar requirements including, but not limited to, development impact fees, which other public agencies request the City to impose at City’s discretion on the Project or on the Project Site after the Effective Date through the Term of this Agreement. This Section 6.09 shall not prohibit the City from imposing on Developer any fee, mitigation measure or similar requirement or obligation that is required by a local or regional agency in accordance with local, regional, State or Federal obligations and implemented by the City in cooperation with such local, regional, state or federal agency, provided such fee, mitigation measure or similar requirement or obligation is imposed in a similar manner on similarly situated properties within the City as, for example, collection of the Regional Transportation Development Impact Fee.

Section 6.10 City’s Joint-Inspection Jurisdiction. Developer acknowledges that City has joint inspection jurisdiction within other third-party governmental entities within any and all City rights-of-way and easements.

ARTICLE VII

AMENDMENT
Section 7.01 Amendment to Project Approvals, Subsequent Approvals. To the extent permitted by State and Federal law, any Project Approval or Subsequent Approval may, from time to time, be amended or modified in the following manner:
(a) Administrative Project Amendments. Upon the written request of Developer for an amendment or modification to a Project Approval or Subsequent Approval, the City Manager or his/her designee shall determine: (i) whether the requested amendment or modification is minor when considered in light of the Project as a whole; and (ii) whether the requested amendment or modification is consistent with this Agreement, Applicable Law, applicable uniform codes and State or Federal law. If the City Manager or his/her designee finds that the proposed amendment or modification is minor in the context of the entire Project, consistent with this Agreement and Applicable Law, and will result in no new significant environmental impacts not addressed and mitigated in the EIR, the amendment shall be 308
FARIA DEVELOPMENT AGREEMENT Page 18 of 30 Rev: April 18, 2023 determined to be an “Administrative Project Amendment” and the City Manager or his/her designee may, except to the extent otherwise required by law, approve the Administrative Project Amendment without notice and public hearing. Without limiting the generality of the foregoing, lot line adjustments, reductions in the density, intensity, scale or scope of the Project, minor alterations in vehicle circulation patterns or vehicle access points, changes in trail alignments, minor variations in lot layouts, substitutions of comparable landscaping for any landscaping shown on any final development plan or landscape plan, variations in the location of structures that do not substantially alter the design concepts of the Project, variations in the location or installation of utilities and other infrastructure connections or facilities that do not substantially alter the design concepts of the Project, and minor adjustments to the Project Site diagram or Project Site legal description shall be treated as Administrative Project Amendments.
(b) Non-Administrative Project Amendments. Any request of Developer for an amendment or modification to a Project Approval or Subsequent Approval which is determined not to be an Administrative Project Amendment as set forth above shall be subject to review, consideration and action pursuant to the Applicable Law and this Agreement.

Section 7.02 Amendment of this Agreement. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the parties hereto or their successors in interest, as follows:
(a) Administrative Agreement Amendments. The City Manager, or his/her designee, may, except to the extent otherwise required by law, enter into certain amendments of this Agreement on behalf of the City as long as any such amendment does not substantially affect (i) the Term of this Agreement, (ii) permitted uses of the Project Site, (iii) provisions for the reservation or dedication of land, (iv) conditions, terms, restrictions or requirements for subsequent discretionary actions, (v) the density or intensity of use of the Project Site or the maximum height or size of proposed buildings or (vi) monetary contributions by Developer (“Administrative Agreement Amendment”), and shall not, except to the extent otherwise required by law, require notice or public hearing before the parties may execute an amendment hereto. For purposes of this Section 7.02(a), the term “substantially affect” shall be evaluated in the context of the entire Project.
(b) Amendment Exemptions. No amendment of a Project Approval or Subsequent Approval, whether done administratively or not, shall require an amendment to this Agreement. Instead, any such matter automatically shall be deemed to be incorporated into the Project and vested under this Agreement when written and executed by both parties. (c) Amendment Limitations. In consideration of the scope of the benefits to City set forth in this Agreement, any amendment to this Agreement shall only be subject to such new terms and conditions, including new exactions or other obligations, as are reasonably related to the impacts on City directly attributable to such amendment. 309
FARIA DEVELOPMENT AGREEMENT Page 19 of 30 Rev: April 18, 2023

ARTICLE VIII

ASSIGNMENT, TRANSFER AND NOTICE
Section 8.01 Assignment of Interests, Rights and Obligations. Developer may transfer or assign all or any portion of its interests, rights or obligations under this Agreement, the Project Approvals or Subsequent Approvals to third parties acquiring an interest or estate in the Project or any portion thereof including, without limitation, purchasers or ground lessees of lots, parcels or facilities.

Section 8.02 Transfer Agreements.
(a) In connection with the transfer or assignment by Developer of all or any portion of the Project (other than a transfer or assignment by Developer to an affiliated party, any deed of trust beneficiary or mortgagee, or a “Non-Assuming Transferee” (as defined in Section 8.03), Developer and the transferee shall enter into a written agreement (a “Transfer Agreement”) regarding the respective interests, rights and obligations of Developer and the transferee in and under the Agreement, the Project Approvals, and the Subsequent Approvals.

Such Transfer Agreement may (i) release Developer from obligations under the Agreement, the Project Approvals, or the Subsequent Approvals that pertain to that portion of the Project being transferred or assigned, as described in the Transfer Agreement, provided that the transferee expressly assumes such obligations, (ii) transfer to the transferee vested rights to improve that portion of the Project being transferred and (iii) address any other matter deemed by Developer to be necessary or appropriate in connection with the transfer or assignment. (b) Any Transfer Agreement shall be binding on Developer, City and the transferee and, unless otherwise provided for in Section 8.03 of this Agreement, shall require the City’s prior written consent, which consent shall not be unreasonably withheld.

Failure by City to respond within thirty (30) days of a written request by Developer for City’s consent shall be deemed City’s approval of the Transfer Agreement in question. City may refuse to give its consent only if, in light of the proposed transferee’s reputation and financial resources, such transferee would not in City’s reasonable determination be able to perform the obligations proposed to be assumed by such transferee. Such determination shall be made by the City Manager and is appealable to the City Council. In no event, however, shall City refuse to give its consent to a proposed transferee pursuant to this Section 8.02(b) if such transferee has a net worth of at least Ten Million Dollars ($10,000,000) increased annually by the Construction Cost Index by Engineering News-Record, with the first increase implemented in January 2023 reflecting 2022 increases and documented in a manner reasonably acceptable to City. Upon recordation of any Transfer Agreement in the Official Records of Contra Costa County, Developer shall automatically be released from those obligations assumed by the transferee therein.
(c) Developer shall be free from any and all liabilities accruing on or after the date of any assignment or transfer with respect to those obligations assumed by a transferee pursuant to a Transfer Agreement. No breach or default hereunder by any person succeeding to any portion of Developer’s obligations under this Agreement shall be attributed to Developer, nor may Developer’s rights hereunder be canceled or diminished in any way by any breach or default by any such person.
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FARIA DEVELOPMENT AGREEMENT Page 20 of 30 Rev: April 18, 2023 Section 8.03 Non-Assuming Transferees. Except as otherwise required by Developer in Developer’s sole discretion, the burdens, obligations and duties of Developer under this Agreement shall terminate with respect to, and neither a Transfer Agreement nor City’s consent shall be required in connection with (i) any single residential parcel conveyed to a purchaser, (ii) any property transferred as fewer than ten (10) lots to a single retail builder or (iii) any property that has been established as one or more separate legal parcels for office, commercial, open space, park, school or other nonresidential uses. The transferee in such a transaction and its successors (“Non-Assuming Transferees”) shall be deemed to have no obligations under this Agreement, but shall continue to benefit from the vested rights provided by this Agreement for the duration of the Term. Nothing in this Section 8.03 shall exempt any property transferred to a Non-Assuming Transferee from payment of applicable fees and assessments or compliance with applicable conditions of approval.

Section 8.04 Notice of Compliance Generally. Subject to City’s finding that the facts contemplated by clauses (i) through (iii) herein are true and accurate, within thirty (30) days following any written request which Developer may make from time to time, City shall execute and deliver to Developer (or to any party requested by Developer) a written “Notice of Compliance,” in recordable form, duly executed and acknowledged by City, that certifies that (i) this Agreement is unmodified and in full force and effect, or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications, (ii) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such default, and (iii) any other information reasonably requested by Developer. City’s failure to deliver such notice within such time period shall constitute a conclusive presumption against City that this Agreement is in full force and effect without modification except as may be represented by the Developer and that there are no uncured defaults in the performance of the Developer, except as may be represented by the Developer. Developer shall have the right at Developer’s sole discretion, to record the Notice of Compliance.

ARTICLE IX

COOPERATION IN THE EVENT OF LEGAL CHALLENGE
Section 9.01 Cooperation.
(a) Developer agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents and consultants from any and all administrative, legal or equitable actions or other proceedings instituted by any person not a party to this Agreement challenging the validity of the Agreement or any Project Approval or any Subsequent Project Approval, or otherwise arising out of or stemming from this Agreement.

Developer may select its own legal counsel to represent Developer’s interests at Developer’s sole cost and expense. The parties shall cooperate in defending such action or proceeding.

Developer shall pay for City's costs of defense, whether directly or by timely reimbursement on a monthly basis. Such costs shall include, but not be limited to, all court costs and attorneys' fees expended by City in defense of any such action or other proceeding, as well as staff and City Attorney time spent in regard to defense of the action or proceeding and any award of fees against the City. The parties shall use best efforts to select mutually agreeable defense counsel but, if the parties cannot reach agreement, City may select its own legal counsel and 311
FARIA DEVELOPMENT AGREEMENT Page 21 of 30 Rev: April 18, 2023 Developer agrees to pay directly or timely reimburse on a monthly basis City for all such court costs, attorney fees, and time referenced herein.
(b) Developer also agrees to indemnify, defend and hold harmless the City, its officials, officers, employees, agents and consultants from any claims, costs, damages or other liabilities for any personal injury or death, or property damage, resulting from the construction of the Project or of operations by the Developer, its officers, employees, agents or consultants, under this Agreement, except for such claims, costs, damages, or other liabilities which are caused by the sole or gross negligence of the City, its officials, officers, employees, agents, or consultants. Developer may select its own legal counsel to represent Developer’s interests at Developer’s sole cost and expense. (c) The parties agree that this Section 9.01 shall constitute a separate agreement entered into concurrently, and that if any other provision of this Agreement, or the Agreement as a whole, is invalidated, rendered null, or set aside by a court of competent jurisdiction, the parties agree to be bound by the terms of this Section 9.01, which shall survive such invalidation, nullification or setting aside.

Section 9.02 Cure; Reapproval.
(a) If, as a result of any administrative, legal or equitable action or other proceeding as described in Section 9.01, all or any portion of this Agreement, Project Approvals, or Subsequent Approvals are set aside or otherwise made ineffective by any judgment (a “Judgment”) in such action or proceeding (based on procedural, substantive or other deficiencies, hereinafter “Deficiencies”), the parties agree to use their respective best efforts to sustain and reenact or readopt this Agreement, Project Approvals, and/or Subsequent Approvals that the Deficiencies relate to, as follows, unless the parties mutually agree in writing to act otherwise:
(i) If any Judgment requires reconsideration or
consideration by City of this Agreement, Project Approval, or Subsequent Approval, then the City shall consider or reconsider that matter in a manner consistent with the intent of this Agreement. If any such Judgment invalidates or otherwise makes ineffective all or any portion of this Agreement or any Project Approval, or Subsequent Approval, then the parties shall cooperate and shall cure any Deficiencies identified in the Judgment or upon which the Judgment is based in a manner consistent with the intent of this Agreement and the Judgment.

Upon the parties’ cure of such Deficiencies, City shall then take steps consistent with the Judgment necessary to review and consider the readoption or reenactment of this Agreement and any applicable Project Approval, Subsequent Approval, or any portion thereof. (ii) Acting in a manner consistent with the intent of this Agreement or a Judgment includes, but is not limited to, recognizing that the parties intend that Developer may develop a single-family residential unit project, and adopting such ordinances, resolutions, and other enactments, including but not limited to a general plan amendment, rezoning, vesting subdivision map approvals, development plan approvals, PD Plan approvals, design review, improvement agreements, use permits, grading permits, building permits, lot line adjustments, sewer and water connection permits, certificates of occupancy, final development plans, development agreements, permits, resubdivisions, and any amendments 312
FARIA DEVELOPMENT AGREEMENT Page 22 of 30 Rev: April 18, 2023 to, or repealing of, any of the foregoing as are necessary to readopt or reenact all or any portion of this Agreement, Project Approvals, and/or Subsequent Approvals without contravening the Judgment.
(b) The parties agree that this Section 9.02 shall constitute a separate agreement entered into concurrently, and that if any other provision of this Agreement, or the Agreement as a whole, is invalidated, rendered null, or set aside by a court of competent jurisdiction, the parties agree to be bound by the terms of this Section 9.02, which shall survive such invalidation, nullification or setting aside.

ARTICLE X
DEFAULT; REMEDIES; TERMINATION
Section 10.01 Defaults. Any failure by either party to perform any term or provision of this Agreement, which failure continues uncured for a period of thirty (30) days following written notice of such failure from the other party (the “Complaining Party”) (unless such period is extended by mutual written consent), shall constitute a default under this Agreement.

The Complaining Party’s notice (“Default Notice”) shall specify the nature of the alleged failure and, may specify the manner in which the failure satisfactorily may be cured by the other party (the “Defaulting Party”). Any failures or delays by a Complaining Party in asserting any of its rights and remedies as to any default shall not operate as a waiver of a default or of any such rights or remedies. Delays by a Complaining Party in asserting any of its rights and remedies shall not deprive the Complaining Party of its right to institute and maintain any actions or proceedings, which it may deem necessary to protect, assert, or enforce any such rights or remedies. If the nature of the alleged failure is such that it cannot reasonably be cured within such 30-day period, then no fault shall be deemed to have occurred if: (a) the cure shall be commenced at the earliest practicable date following receipt of the Default Notice; (b) the cure is diligently prosecuted to completion at all times thereafter; (c) at the earliest practicable date (if no event later than thirty (30) days after the Defaulting Party’s receipt of the Default Notice), the Defaulting Party provides written notice to the Complaining Party that the cure cannot practicably be completed within such 30-day period; and (d) the cure is completed at the earliest practicable date. In no event shall Complaining Party be precluded from exercising remedies if a default is not cured within one hundred twenty (120) days after the Notice of Default is given. Complaining Party shall not send notice to any third party, including, but not limited to, bonding and surety companies, until such time as the cure opportunities set forth above have expired unless otherwise required by applicable law. Upon the occurrence of a default under this Agreement, the Complaining Party may institute legal proceedings to enforce the terms of this Agreement or, in the event of a material default, terminate this Agreement. If the default is cured consistent with this Section, then no default shall exist and the Complaining Party shall take no further action.

Section 10.02 Termination. If City elects to consider terminating this Agreement due to a material default of Developer, then City shall give a notice of intent to terminate this Agreement and the matter shall be scheduled for consideration and review by the City Council at a duly noticed and conducted public hearing. As used herein, a finding of materiality shall be based on the effect of the default in relation to the size and scope of the Project. Developer shall have the right to offer written and oral evidence prior to or at the time of said public hearings. If the City Council determines that a material default has occurred and is continuing, 313
FARIA DEVELOPMENT AGREEMENT Page 23 of 30 Rev: April 18, 2023 and elects to terminate this Agreement, City shall give written notice of termination of this Agreement to Developer by certified mail and this Agreement shall thereby be terminated sixty (60) days thereafter; provided, however, that if Developer files an action to challenge City’s termination of this Agreement within such 60-day period, then this Agreement shall remain in full force and effect until a trial court has affirmed City’s termination of this Agreement and all appeals have been exhausted (or the time for requesting any and all appellate review has expired).

Section 10.03 Periodic Review.
(a) Conducting the Periodic Review. Throughout the Term of this Agreement, at least once every twelve (12) months following the execution of this Agreement, City shall review the extent of good-faith compliance by Developer with the terms of this Agreement. This review (the “Periodic Review”) shall be conducted by the City Manager or his/her designee and shall be limited in scope to compliance with the terms of this Agreement pursuant to California Government Code § 65865.1. Developer also agrees to pay City annually the greater of Five Thousand Dollars ($5,000) or the actual cost of Periodic Review Fee (not to exceed Ten Thousand Dollars ($10,000)). The Five Thousand Dollars ($5,000) shall be increased annually thereafter by the Construction Cost Index by Engineering News- Record, with the first increase implemented in January 2023 reflecting 2022 increases. Such Periodic Review Fee shall only be paid in the years in which a Periodic Review is actually conducted.
(b) Notice. At least ten (10) days prior to the Periodic Review, and in the manner prescribed in Article XII of this Agreement, City shall deposit in the mail to Developer a copy of any staff reports and documents to be used or relied upon in conducting the review and, to the extent practical, related exhibits concerning Developer’s performance hereunder. Developer shall be permitted an opportunity to respond to City’s evaluation of Developer’s performance, either orally at a public hearing or in a written statement, at Developer’s election. Such response shall be made to the City Manager. (c) Good Faith Compliance. During the Periodic Review, the City Manager shall review Developer’s good-faith compliance with the terms of this Agreement. At the conclusion of the Periodic Review, the City Manager shall make written findings and determinations, on the basis of substantial evidence, as to whether or not Developer has complied in good faith with the terms and conditions of this Agreement. The decision of the City Manager shall be appealable to the City Council. If the City Manager finds and determines that Developer has not complied with such terms and conditions, the City Manager may recommend to the City Council that it terminate or modify this Agreement by giving notice of its intention to do so, in the manner set forth in California Government Code §§ 65867 and 65868.

The costs incurred by City in connection with the Periodic Review process described herein shall be shared equally by Developer and City.
(d) Failure to Properly Conduct Periodic Review. If, after thirty (30) days following Developer’s notice requesting a Periodic Review, City fails to initiate the Periodic Review, such failure shall be conclusively deemed an approval by City of Developer’s compliance with the terms of this Agreement.
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FARIA DEVELOPMENT AGREEMENT Page 24 of 30 Rev: April 18, 2023 (e) Written Notice of Compliance. With respect to any year for which Developer has been determined or deemed to have complied with this Agreement, City shall, within thirty (30) days following a written request by Developer, provide Developer with a written notice of compliance, in recordable form, duly executed and acknowledged by City.

Developer shall have the right, in Developer’s sole discretion, to record such notice of compliance.

Section 10.04 Excusable Delay; Extension of Time of Performance. In addition to specific provisions of this Agreement, neither party shall be deemed to be in default where delays in performance or failures to perform are due to, and a necessary outcome of, war, insurrection, terrorism, strikes or other labor disturbances, walk-outs, riots, floods, earthquakes, fires, casualties, acts of God, restrictions imposed or mandated by other governmental entities (including new or supplemental environmental regulations), enactment of conflicting State or Federal laws or regulations, or judicial decisions. Neither party shall be deemed to be in default where delays in performance or failure to perform are due to a court order arising out of or related to litigation attacking the validity of this Agreement, the Project Approvals, the Subsequent Approvals, or any permit, ordinance, entitlement or other action of a governmental agency other than City necessary for the development of the Project. Developer shall not be deemed to be in default where delays in performance or failure to perform are t due to Developer’s inability to obtain materials, power or public facilities (such as water or sewer service) to the Project and unrelated to Developer’s actions or inactions and beyond Developer’s control. Upon the properly noticed request of either party hereto, as required by Section 13.09, an extension of time for the performance of any obligation whose performance has been so prevented or delayed will be set forth in writing. The term of any such extension shall be equal to the period of the excusable delay, or longer, as may be mutually agreed upon in writing.

Section 10.05 Legal Action. Either party may, in addition to any other rights or remedies, institute legal action to cure, correct, or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation thereof, or enforce by specific performance the obligations and rights of the parties hereto. Developer specifically agrees that it has no authority under this Agreement or otherwise to seek monetary damages against the City for any alleged default or breach of this Agreement by the City and agrees that in no event shall monetary damages be available against the City for any alleged default or breach by the City.

Section 10.06 California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Section 10.07 Resolution of Disputes. With regard to any dispute involving development of the Project, the resolution of which is not provided for by this Agreement or Applicable Law, Developer shall, at City’s request, meet with City. The parties to any such meetings shall attempt in good faith to resolve any such disputes. If the parties are then unable to resolve their dispute, either party may commence mediation by providing to JAMS, or its successor, and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and 315
FARIA DEVELOPMENT AGREEMENT Page 25 of 30 Rev: April 18, 2023 that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may seek equitable relief prior to the mediation to preserve the status quo pending the completion of that process. Except for such an action to obtain equitable relief, neither party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session, or ninety (90) days after the date of filing the written request for mediation, whichever occurs first. Mediation may continue after the commencement of a civil action, if the parties both agree in writing. The provisions of this Section 10.07 may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorney’s fees, to be paid by the party against whom enforcement is ordered. Nothing in this Section 10.07 shall in any way be interpreted as requiring that Developer and City and/or City’s designee reach agreement with regard to those matters being addressed, nor shall the outcome of these meetings be binding in any way on City or Developer unless expressly agreed to in writing by the parties to such meetings.

Section 10.08 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 related other costs incurred in that proceeding in addition to any other relief to which it is entitled.

Section 10.09 Default by City or Developer. In the event City or Developer defaults under the terms of this Agreement, City or Developer shall have all rights and remedies provided herein and under law, except that Developer specifically agrees that it has no authority under this Agreement or otherwise to seek monetary damages against the City for any alleged default or breach of this Agreement by the City and agrees that in no event shall monetary damages be available against the City for any alleged default or breach by the City.

ARTICLE XI

NO AGENCY, JOINT VENTURE OR PARTNERSHIP
It is specifically understood and agreed to by and between the parties hereto that unless otherwise expressly provided herein (i) the subject development is a private development; (ii) City has no interest or responsibilities for, or duty to, third parties concerning any improvements until such time, and only until such time, that City accepts the same pursuant to the provisions of this Agreement or in connection with the various Project Approvals or Subsequent Approvals; (iii) Developer shall have full power over and exclusive control of the Project herein described, subject only to the limitations and obligations of Developer under this Agreement, the Project Approvals, Subsequent Approvals, and Applicable Law; and (iv) City and Developer hereby renounce the existence of any form of agency relationship, joint venture or partnership between City and Developer and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between City and Developer. The City agrees that Developer’s obligations under this 316
FARIA DEVELOPMENT AGREEMENT Page 26 of 30 Rev: April 18, 2023 Agreement related to the construction of Project water, sewer and drainage infrastructure improvements, the grading and construction of traffic improvements, and the grading and construction of any other public improvements (collectively, the “Public Improvements”) are all public works of improvement the City is requiring as a condition of regulatory approval of the Project and that the Project is an otherwise private development. The City further agrees that it will contribute no more money, or the equivalent of money, to the overall Project than is required to construct the Public Improvements and that City maintain no proprietary interest in the overall Project.

ARTICLE XII

SUBSEQUENT APPROVAL REVIEW, TRAIL CONNECTIONS, SCHOOL JURISDICTION Section 12.01 Review of Subsequent Approval Entitlement Applications. City and Developer agree that the Project shall encourage hillside ‘estate’ development to the greatest extent possible in an effort to maximize property values and create a diverse housing product in the City of Pittsburg. The Developer has proposed a base zoning designation of RS-4 (Single Family Residential, 4,000 square foot minimum lot size) and the corresponding development standards as outlined in the Master Plan to allow for a certain amount of flexibility in development of the hillside areas. The Parties further acknowledge the importance of review of Subsequent Approvals by the City Council. As such, the Parties agree that the City Manager may, at his/her discretion, elect to have to any entitlement application(s) necessary for Subsequent Approvals related to the Project brought before the Planning Commission also be brought before the City Council, and that the City Manager may take all necessary steps, including but not limited to, filing any appropriate documentation, to implement this section.

Section 12.02 Trail Connections. Developer acknowledges that East Bay Regional Park District (“EBRPD”) anticipates creating a Concord Hills Regional Park (“Regional Park”) adjacent to the Property. Developer shall provide one or more trails and one or more staging areas within the Project which will be designed to connect with the Regional Park trail network west of the Project should one be developed. The location, size and timing of the construction of such trail(s) and staging area(s) will be subject to City approval and coordination with EBRPD.

Section 12.03 School District Jurisdiction. At no cost to Developer, Developer shall support and cooperate with any effort made by the Pittsburg Unified School District and the Mt. Diablo Unified School District to amend the school district boundaries for the Project.

Section 12.04 Active Transportation Plan. Developer shall comply with the guidance and provisions of the current Pittsburg Active Transportation Plan, as may be amended, in its build-out of the Project.

ARTICLE XIII

MISCELLANEOUS
Section 13.01 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. 317
FARIA DEVELOPMENT AGREEMENT Page 27 of 30 Rev: April 18, 2023 Section 13.02 Enforceability. City and Developer agree that unless this Agreement is amended or terminated pursuant to the provisions of this Agreement, this Agreement shall be enforceable by any party hereto notwithstanding any change hereafter enacted or adopted (whether by ordinance, resolution, initiative, or any other means) in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance, or any other land use ordinance or building ordinance, resolution or other rule, regulation or policy adopted by City that changes, alters or amends the rules, regulations and policies applicable to the development of the Project Site at the time of the approval of this Agreement as provided by California Government Code § 65866. In the event of any conflict between the provisions of this Agreement and Applicable Law, the Project Approvals or any Subsequent Approval, this Agreement and applicable law shall prevail.

Section 13.03 Findings. City hereby finds and determines that execution of this Agreement furthers public health, safety and general welfare and that the provisions of this Agreement are consistent with the General Plan.

Section 13.04 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.

Section 13.05 Other Necessary Acts. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out the Project Approvals, Subsequent Approvals and this Agreement and to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder.

Section 13.06 Construction. Each reference in this Agreement to this Agreement or any of the Project Approvals or Subsequent Approvals shall be deemed to refer to the Agreement, Project Approval or Subsequent Approval as it may be amended from time to time, whether or not the particular reference refers to such possible amendment. 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.

Section 13.07 Other Miscellaneous Terms. The singular shall include the plural; the masculine gender shall include the feminine; “shall” is mandatory; “may” is permissive. If there is more than one signer of this Agreement, the signer obligations are joint and several.

Section 13.08 Covenants Running with the Land. All of the provisions contained in this Agreement shall be binding upon the parties and their respective heirs, successors and assigns, representatives, lessees, and all other persons acquiring all or a portion of the Project, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions contained in this Agreement shall be enforceable as equitable servitudes and shall 318
FARIA DEVELOPMENT AGREEMENT Page 28 of 30 Rev: April 18, 2023 constitute covenants running with the land pursuant to California law including, without limitation, California Civil Code § 1468. Each covenant herein to act or refrain from acting is for the benefit of or a burden upon the Project, as appropriate, runs with the Project Site and is binding upon the owner of all or a portion of the Project Site and each successive owner during its ownership of such property.

Section 13.09 Notices. Any notice or communication required hereunder between City or Developer must be in writing, and may be given either personally, by email to the City Manager and City Attorney (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express or other similar courier promising overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. If given by email transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving party’s email program. Notices transmitted by email after 5:00 p.m. on a normal business day or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any party hereto may at any time, by giving ten (10) days written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:

If to City, to: City Manager
City of Pittsburg
Civic Center
65 Civic Avenue
Pittsburg, CA 94565-2830
With Copies to: City Attorney
City of Pittsburg
Civic Center
65 Civic Avenue
Pittsburg, CA 94565-2830
If to Developer, to: Albert D. Seeno, III
Faria Land Investors, LLC
4021 Port Chicago Hwy.

Concord, CA 94520
319
FARIA DEVELOPMENT AGREEMENT Page 29 of 30 Rev: April 18, 2023 With Copies to: Faria Land Investors, LLC
Attn: Legal Department
4021 Port Chicago Hwy.

Concord, CA 94520
Section 13.10 Entire Agreement, Counterparts and Exhibits. This Agreement is executed in two (2) duplicate counterparts, each of which is deemed to be an original. This Agreement consists of 30 pages and four 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 hereof. All waivers of any provisions of this Agreement shall be in writing and signed by the appropriate authorities of City and Developer. The following exhibits are attached to this Agreement and incorporated herein for all purposes:

EXHIBIT A - Legal Description
EXHIBIT A-1 - Project Site Diagram
EXHIBIT B - Applicable Fees
Section 13.11 Recordation of Development Agreement. Pursuant to California Government Code § 65868.5, no later than ten (10) days after City enters into this Agreement, the City Clerk shall record an executed copy of this Agreement, or Memorandum thereof, in the Official Records of the County of Contra Costa. The parties agree to cooperate as to preparation, execution, and recording of a Memorandum hereof. [SIGNATURES FOLLOW ON NEXT PAGE]
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FARIA DEVELOPMENT AGREEMENT Page 30 of 30 Rev: April 18, 2023 IN WITNESS WHEREOF, this Agreement has been entered into by and between Developer and City as of the day and year first above written.

CITY:

CITY OF PITTSBURG,
a California municipal corporation
By:

Name: Garrett Evans
Title: City Manager
APPROVED AS TO FORM:

By:

Donna Mooney
City Attorney
DEVELOPER:

FARIA LAND INVESTORS, LLC,
a California limited liability company
By:

Name:

Title:
321
FARIA DEVELOPMENT AGREEMENT Exhibit A Rev: April 18, 2023

EXHIBIT A

LEGAL DESCRIPTION
322
FARIA DEVELOPMENT AGREEMENT Exhibit A Rev: April 18, 2023 323
FARIA DEVELOPMENT AGREEMENT Exhibit A-1 Rev: April 18, 2023 EXHIBIT A-1

PROJECT SITE DIAGRAM
324
FARIA DEVELOPMENT AGREEMENT Exhibit B Rev: April 18, 2023

EXHIBIT B

APPLICABLE FEES
Building Division
Row # Fee Description
1 Building Permit Fee Minimum
2 Building Permit Fees (Alterations and Repairs)
3 Building Permits Fees (New Commercial)
4 Building Permits Fees (New Industrial)
5 Building Permits Fees (New SFR Dwellings)
6 Building Permits Fees (New SFR Private Garages)
7 Building Permits Fees (New SFR decks / porches)
Above SFR valuation calculation to remain constant. Table B to be adjusted by the prior year ENR 20-City Construction Cost Index every January 1st.
8 Reroof (Residential) - 1st 20 square
9 Reroof (Residential) - each additional 10 square
10 Reroof (Commercial)
All Inclusive Permit Fees:
11 All Inclusive Permit Fees (Kitchen Alteration)
12 All Inclusive Permit Fees (Bathroom Alteration)
13 All Inclusive Permit Fees (Bathroom Alteration Each Additional) 14 All Inclusive Permit Fees (Window/Door Replacement)
15 All Inclusive Permit Fees (Window/Door Replacement)
16 All Inclusive Permit Fees (Window Replacement)
17 Plumbing Fee (Primary)
18 Plumbing Fee (Supplemental)
19 Water Heater Replacement
20 Re-piping - Supply Lines
21 Sewer Line Repair/Replace
22 Conversion to Tankless Water Heater Permit
23 Seismic Gas Valve
24 Electrical Fee (Primary)
25 Electrical Fee (Supplemental)
26 Electrical Service Upgrade – (200 amps or <)
27 Electrical Service Upgrade –(> 200 amps)
28 New Service (Pedestal)
29 Temporary Power
30 E. V. Charger - Residential
31 E. V. Charger - Commercial
32 Mechanical Fee (Primary)
325
FARIA DEVELOPMENT AGREEMENT Exhibit B Rev: April 18, 2023 33 Mechanical Fee (Supplemental)
34 Accessory Dwelling Units
35 Junior Accessory Dwelling Units
Mechanical Permits - Residential (Single-family and duplexes) 36 Heating and/or Cooling Equipment (including ducts)
37 Wall Furnace
38 Kitchen Hood and Bathroom Vents
Mechanical Permits - Commercial & Multi-Family
39 HVAC Unit (includes all associated sub-permits)
40 Air Handler Unit
41 Vent System
42 Exhaust Hood Replacement
43 Insulation/ Energy Fee Per New Construction > 500 sf. 44 Swimming Pool Permit (Residential Fee)
45 Swimming Pool Permit (Commercial Fee)
46 Sign Permit (New Installation)
47 Sign Replacement (Channel Signage)
48 Sign Replacement (Channel Signage)
49 Sign Replacement (Monument Signage)
50 Sign Replacement (Projecting Signage)
51 Sign Replacement (Transom Signage)
52 Sign Replacement (Freestanding Signage)
53 Demolition (Residential)
54 Demolition (Commercial)
55 Moved Building Permit / Manufactured Home
56 Solar Building Permit-Solar Panels & Pool Heaters
57 Solar Building Permit-Solar Panels & Pool Heaters
58 Solar Building Permit-Solar Panels & Pool Heaters
59 Commercial Photovoltaic Permit
Plan Review Fees:
60 Building Plan Review Fee
61 Expedited Plan Review
62 Foundation Only
63 Review In Excess of (2)
64 Fire and Termite Repair w/ Scope of Work
65 Energy Plan Review Fee (Commercial - New Construction) 66 Energy Plan Review Fee (Residential - New Construction) 67 Energy Plan Review Fee (Residential - Development Model) 68 Plumbing Plan Review Fee
69 Electrical Plan Review Fee
70 Mechanical Plan Review Fee
71 Swimming Pool Plan Review Fee (Custom)
326
FARIA DEVELOPMENT AGREEMENT Exhibit B Rev: April 18, 2023 72 Swimming Pool Plan Review Fee (Standardized Plans and Calculations) 73 Over Counter Plan Review Fee
74 Production Housing - Plan Review Fee
Residential Rental Property Inspection Fee Schedule:
75 Initial Annual Inspection Fee and Registration Fee
76 Annual Program Fee
77 Annual Program Fee Completed Electronically (On Line)

An initial verification inspection is conducted at the first time a property is placed into inventory. A renewal inspection is conducted each year thereafter or on the fourth year for properties that are self inspected by the owner.

Additional Inspection Fees:
78 Building
79 Plumbing, Electrical, Mechanical, etc.
80 Requested Special Inspection
81 Code Compliance Permit (Residence)
82 Code Compliance Permit (Commercial)
83 Code Compliance Permit (Work without a permit)
84 Code Compliance Permit (Work without a permit)
85 Stop work fee
86 Code Compliance Permit (Reinstate Expired Permit - Final Inspection Only) 87 Code Compliance Permit (Reinstate Expired Permit - Second Inspection due to corrections) 88 Code Compliance Permit (Reinstate Expired Permit - Inspections beyond final remaining) 89 30 day Temporary Certificate of Occupancy
90 Garage Conversion
Administrative Fees:
91 Fire Protection Collection Fee
92 Fire District Facilities Admin Fee (Single Family)
93 Fire District Facilities Admin Fee (Multi-Family)
94 Fire District Facilities Admin Fee (Office)
95 Fire District Facilities Admin Fee (Commercial)
96 Fire District Facilities Admin Fee (Industrial)
Other Fees:
97 Water Meter – Purchase
98 Construction Water – pre-metered internal use
99 Copies
100 Document Imaging Fee (Subdivisions = BP Models Only) 101 Document Imaging Fee (Building Permit Fee)
102 Accessibility Fee (Non-Res Building Permit Fee)
103 NPDES Management Fee (Building Permit Fee)
104 Release of Tax Lien
105 Postage / Handling – Permits
106 Inspection outside of normal business hours
327
FARIA DEVELOPMENT AGREEMENT Exhibit B Rev: April 18, 2023 107 Re-inspection Fee
108 Inspections for which no fee is specifically indicated 109 Technology fee of permit and R.I.P enrollment fees
Building Standards Administration Fee (Mandated by State of California) 110 Permit Valuation - $1 - $25,000
111 Permit Valuation - $25,001 - $50,000
112 Permit Valuation - $50,001 - $75,000
113 Permit Valuation - $75,001 - $100,000
114 Every $25,000 or fraction thereof above $100,000
Strong Motion Instrumental and Seismic Hazard Mapping (Mandated by State of California)
115 Category 1 (Residential 1 - 3 stories Building Permits over $5,000) 116 Category 2 (Commercial and Residential over 3 stories Building Permits over $2,381) 117 Category 1 Permits under $5,000 and Category 2 Permits under $2,381 Building Division - Table I
Plumbing Permit Fees - California Plumbing Code (C.P.C.) Row # Fee Description
Permit Issuance
1 Filing Fee
2 Filing Fee (Supplementary)
Plan Review
3 Plan review fees for plumbing work shall be equal to 100% of Plumbing Permit 4 Additional plan review required by changes, additions or revisions to approved plans shall be assessed hourly
5 When plan check goes beyond a second review the applicant may be charged for subsequent reviews on an hourly basis or per the consultant's fee.

System Fee Schedule
6 Residential construction (SFR and MFR > 500 sq. ft.
7 Commercial construction - Complete Building
8 Commercial construction - Shell only
9 Commercial construction - Vanilla Shell only
10 Commercial construction - Tenant Improvement
11 Commercial construction - Tenant Improvement (Restaurant) 12 Alterations or Additions residential and commercial
13 Trade Specific (Plumbing Only)
Other Inspection And Fees
14 Inspection outside of normal business hours
15 Re-inspection Fee
16 Inspections for which no fee is specifically indicated 328
FARIA DEVELOPMENT AGREEMENT Exhibit B Rev: April 18, 2023 Building Division - Table II
Electrical Permit Fees - California Electrical Code (C.E.C.) Row # Fee Description
Permit Issuance
1 Filing Fee
2 Filing Fee (Supplementary)
Plan Review
3 Plan review fees for electrical work shall be equal to 100% of Electrical Permit 4 Additional plan review required by changes, additions or revisions to approved plans shall be assessed hourly
5 When plan check goes beyond a second review the applicant may be charged for subsequent reviews on an hourly basis or per the consultant's fee.

System Fee Schedule
6 Residential construction (SFR and MFR > 500 sq. ft.
7 Commercial construction - Complete Building
8 Commercial construction - Shell only
9 Commercial construction - Vanilla Shell only
10 Commercial construction - Tenant Improvement
11 Commercial construction - Tenant Improvement (Restaurant) 12 Alterations or Additions residential and commercial
13 Trade Specific (Electrical Only)
Other Inspection And Fees
14 Inspection outside of normal business hours
15 Re-inspection Fee
16 Inspections for which no fee is specifically indicated Building Division - Table III
Mechanical Permit Fees - California Mechanical Code (C.M.C.) Row # Fee Description
Permit Issuance
1 Filing Fee
2 Filing Fee (Supplementary)
Plan Review
3 Plan review fees for electrical work shall be equal to 100% of Mechanical Permit 4 Additional plan review required by changes, additions or revisions to approved plans shall be assessed hourly
5 When plan check goes beyond a second review the applicant may be charged for subsequent reviews on an hourly basis or per the consultant's fee.

System Fee Schedule
329
FARIA DEVELOPMENT AGREEMENT Exhibit B Rev: April 18, 2023 6 Residential construction (SFR and MFR > 500 sq. ft.
7 Commercial construction - Complete Building
8 Commercial construction - Shell only
9 Commercial construction - Vanilla Shell only
10 Commercial construction - Tenant Improvement
11 Commercial construction - Tenant Improvement (Restaurant) 12 Alterations or Additions residential and commercial
13 Trade Specific (Mechanical Only)
Other Inspection And Fees
14 Inspection outside of normal business hours
15 Re-inspection Fee
16 Inspections for which no fee is specifically indicated Building Division - Table IV
Fees Collected For Other Agencies & Departments
Row # Fee Description
Water Meter Purchase (City of Pittsburg Public Works)
AMR Meters:
1 5/8” x ¾”
2 1-inch
3 1 ½-inch
4 2-inch
5 1 ½-inch turbine
6 2-inch turbine
7 3-inch turbine
8 4-inch turbine
Non-AMR Meters:
9 5/8” x ¾”
10 1-inch
11 1 ½-inch
12 2-inch
Other Meters (not listed above)
Fees shall increase each July 1st based on the April twelve month average percentage increase in the San Francisco-Oakland-San Jose All Urbank Workers
Consumer Price Index.

Fire Protection Facilities Fee (Contra Costa County Fire Protection District) - Effective November 1, 2019 (Contra Costa County Ordinance No. 2019-21)
Residential
13 Single-Family
330
FARIA DEVELOPMENT AGREEMENT Exhibit B Rev: April 18, 2023 14 Multi-Family
Nonresidential
15 Office
16 Commercial
17 Industrial
Fire Protection Facilities Deferred Fee (Contra Costa County Fire Protection District) - Effective June 18, 2007 (Resolution 07-10816)
Residential
18 Single-Family
19 Multi-Family
Nonresidential
20 Office
21 Commercial
22 Industrial
Fire District Administration Fee (Contra Costa County Fire Protection District) - Effective November 1, 2019 (Contra Costa County Ordinance No. 2019-21)
Residential
23 Single-Family
24 Multi-Family
Nonresidential
25 Office
26 Commercial
27 Industrial
Fire District Administration Fee (City of Pittsburg)
28 Residential - Single-Family
29 Residential - Multi-Family
30 Nonresidential
Building Standards Administration Fee (Mandated by State of California) Permit Valuation
31 $1 - $25,000
32 $25,001 - $50,000
33 $50,001 - $75,000
34 $75,001 - $100,000
35 Every $25,000 or fraction thereof above $100,000 Strong Motion Instrumentation and Seismic Hazard Mapping (Mandated by State of California) 36 Category 1
37 Category 2
38 Category 1 Permits under $5,000
39 Category 2 Permits under $2,381
331
FARIA DEVELOPMENT AGREEMENT Exhibit B Rev: April 18, 2023 Planning
Row # Fee Description
1 Accessory Dwelling Unit
2 Annexation Review
3 Appeal
4 Certificate of Compatibility (mobile/manufactured houses) 5 Commercial/Retail Permit
6 Design Review (administrative, awnings, color change) 7 Design Review (all other administrative)
8 Design Review - SFR Subdivision 5-50 Lots
9 Design Review - SFR Subdivision >50 lots
10 Design Review - MFR Base Fee 1-50 units
11 Design Review - MFR 50+
12 Design Review - New Wireless Telecomm Facility & Comm Bldg Remodel <5k s.f. 13 Design Review - Commercial Structure
14 Development Agreements
15 Environmental - Consultant Study (Pass Through)
16 Environmental – EIR (Pass Thru)
17 Environmental –Initial Study or Environmental Assessment 18 Environmental - Negative Declaration
19 Environmental - Notice of Determination (Pass Thru)
20 Environmental - F&G w/ND/no impacts (Pass Thru)
21 Environmental - F&G w/ND +impacts (Pass Thru)
22 Extension of Approval
23 Fence Height Exception/Tree Removal Permit
24 General Plan Amendment
25 Habitat Conservation Plan Administration
26 Home Occupation Permit
27 Minor Modifications - Existing wireless telecom facilities 28 Outdoor Dining Permit
332
FARIA DEVELOPMENT AGREEMENT Exhibit B Rev: April 18, 2023 29 Preliminary Plan Review
30 Rezoning Request
31 Sign Review - Freestanding (Admin)
32 Sign Review - Wall Sign (Admin)
33 Sign Review - Sign Program
34 Sign Review - Sign Exception
35 Sign Review - Temporary Signs
36 Sign Review - Billboard
37 Subdivision Minor
38 Special Projects
39 Subdivision Major
40 Temp Activity Permit
41 Use Permit - Existing Bldg & Non-sensitive
42 Use Permit - New Const and/or Sensitive
43 Variance Review – Standard
44 Zoning Administrator Approval (large day care home, small recycling facility, home occupation permit, telecommunications collocation) 45 Zoning Code Amendment
46 Zoning Compliance Letter
Planning Document Charges:
47 Copy Fee - Black/White
48 Copy Fee - Color Print
49 General Plan Update
50 Penalty of Returned Checks
333
FARIA DEVELOPMENT AGREEMENT Exhibit B Rev: April 18, 2023 Engineering
(Fund 110 - General Fund)
Row
# Fee Description
1 Copies
2 Copies
3 Documents (36” wide paper)
4 Document (18” wide paper)
5 Construction Bid Packages
6 Parcel Map Waiver
7 Minor Subdivision Map Check
8 Major Subdivision Map processing fee - Base Fee
9 Subdivision Improvement Plan Check
10 Subdivision Improvement Inspection ($0-$500k)
11 Subdivision Improvement Inspection ($500,001 - $5M)
12 Subdivision Improvement Inspection (> $5 million)
13 Encroachment Permit Plan Review
14 Encroachment Permit Inspection
15 Grading Plan Review
16 Grading Inspection
17 Development Agreement Preparation
18 Address Change/New Add.
19 Street Name Change
20 Flood Zone Verification
21 Transportation Permit (2 day permit)
22 Transportation Permit (Annual)
23 Plan Check - Single Parcel (SF)
24 Inspection - Single Parcel (SF)
25 Plan Check - Single Parcel (MF)
26 Inspection - Single Parcel (MF)
334
FARIA DEVELOPMENT AGREEMENT Exhibit B Rev: April 18, 2023 27 Plan Check - Single Parcel (Acreage)
28 Inspection - Single Parcel (Acreage)
29 Sewer Inspection Deposit
30 Storm Drain Inspection Deposit
31 Geographical Information System (Residential - Base) 32 Geographical Information System (Commercial)
NPDES Plan Review (SWPPP and/or C.3 Storm water Control Plan) 33 10,000 sf to 1 acre or Risk Factor 1
34 >1 acre or Risk Factor 2 and 3
35 NPDES Inspection Risk Factor 1
36 NPDES Inspection Risk Factor 2 and 3
37 Work Without Permit Investigation
Engineering Document Charges
38 Water Master Plan
39 Waste Water Master Plan
40 CIP (Capital Improvement Project)
41 Grading Erosion Sediment Ordinance
42 City’s Specs and Details (Pkg. of 2)
43 City’s Specs (Pkg. of 1)
44 City’s Detail (Pkg. of 1)
45 Document Imaging Fees
A) When the developer submits plans, maps, or other documents for plan review, deposits equal to one half of the total estimated Engineering Improvements
and or Grading Plan Review Fees shall be made to the Engineering Department. The Plan Check Fees are based upon the Engineer's Estimate, which shall also be provided at the time the plans are submitted. The deposit(s) shall be credited toward the final fee(s) as determined at engineering permit issuance based upon
the final, approved Engineer's Estimate. The deposit shall be paid to the Engineering Department at the time of the developer's first plan submittal - (revised 2009) B) A new three-tiered fee structure is ADOPTED. This will eliminate the previous 8.75% flat fee.

C) For estimates based on cubic yards of material to be moved, see Engineering Fees chart for alternative calculation.

D) These costs only represent the Engineering costs. This is a multi-department activity, which will be charged by an hourly rate from all participating
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FARIA DEVELOPMENT AGREEMENT Exhibit B Rev: April 18, 2023 departments, which includes salary, benefits and overhead. A deposit may be required prior to beginning the work.

E) Transportation Permit Fee rate set by State of California in accordance with CVC 35795(b)(1).

F) The Countywide Construction General Permit for NPDES categorizes construction projects according to three risk levels according to project sediment risk
and receiving water risk. Risk Level 1 are those projects issued permits by the Regional Water Quality Control Board prior to July 1, 2010. These projects are subject to minimum Best Management Practices (BMP) and visual monitoring only. Risk Level 2 projects have been determined to present a high sediment risk
and low receiving water risk, or, a low sediment risk and high receiving water risk. Risk Level 3 projects have been determined to have both a high sediment risk
and high receiving water risk. Risk Level 2 and 3 projects are required to implement BMPs and may be required to conduct sampling of storm water runoff
to determine whether sediment and pH levels are within acceptable tolerances. If exceeded, the project site may be subject to more stringent controls and
extended monitoring activities. Actual costs include staff time and time and materials for outside expenses.

Surplus funds collected to be returned to applicant.

Additional deposits may be required.

G) MAJOR SUBDIVISION MAP PROCESSING FEE
1ST - 3 FINAL MAP CHECKS 4TH Final Map Check 5-50 LOTS $4,000 $4,000 + $800 each additional map check 51-150 LOTS $4,500 $4,500 + $1,065 each additional map check 151 OR MORE $5,000 $5,000 + $1,330 each additional map check Note: If an Engineering study is contracted out (i.e., Traffic Study) on behalf of a project applicant, a 25% overhead charge may be used in lieu of staff time
being tracked and charged directly.
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FARIA DEVELOPMENT AGREEMENT Exhibit B Rev: April 18, 2023 PLAN CHECK FEE:
0-50 cy $328
51 - 1,500 cu yd $589 0.1800 per cu yd in excess of 50 cu yds 1501 - 5,000 cu yd $1,149 0.1600 per cu yd in excess of 1,500 cu yds 5,001 - 10,000 cu yd $1,849 0.1400 per cu yd in excess of 5,000 cu yds 10,001 - 100,000 cu yd $6,349 0.0500 per cu yd in excess of 10,000 cu yds 100,001 - 200,000 cu yd $10,349 0.0400 per cu yd in excess of 100,000 cu yds 200,001 - 1,000,000 cu yd $19,949 0.0120 per cu yd in excess of 200,000 cu yds 1,000,001 cu yd AND OVER $19,949 0.0040 per cu yd in excess of 1,000,000 cu yds INSPECTION FEE:
0-50 cy $344
51 - 1,500 cu yd $721 0.2600 per cu yd in excess of 50 cu yds 1501 - 5,000 cu yd $1,484 0.2180 per cu yd in excess of 1,500 cu yds 5,001 - 10,000 cu yd $2,484 0.2000 per cu yd in excess of 5,000 cu yds 10,001 - 100,000 cu yd $9,144 0.0740 per cu yd in excess of 10,000 cu yds 100,001 - 200,000 cu yd $15,144 0.0600 per cu yd in excess of 100,000 cu yds 200,001 - 1,000,000 cu yd $29,544 0.0180 per cu yd in excess of 200,000 cu yds 1,000,001 cu yd AND OVER $29,544 0.0060 per cu yd in excess of 1,000,000 cu yds If grading quantity is not available in cubic yards, the charge will be as follows:

2.5% of the Engineer's estimate for Plan Check
3% of the Engineer's estimate for Inspection
Engineering

GRADING FEE CHARGES
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FARIA DEVELOPMENT AGREEMENT Exhibit B Rev: April 18, 2023 Public Works - Water Service Charges
Row # Fee Description
1 New Utility Account Set-up
2 Meter Shut Off and/or Meter Turn On
3 Meter Shut Off and/or Meter Turn On -for Pulled Meter 4 Meter Tampering fee
5 After hours turn-ons
6 Verify meter reads (VMR/AMR)
7 Fire hydrant meter - check or field read
8 Field Test - Water Meter
9 Sewer Back-up (customer's lateral)
10 Bacteriological Testing - first
11 Bacteriological Testing - additional
12 New Hydrant Account Set-up
13 NSF
14 ACH Reject
15 Credit Card Fraud
16 Write-off/Collection Processing
17 Meter Replacement due to tampering/damage
18 Illegal Hook-Up
19 Trip Charge
Effective February 2020, in accordance with Senate Bill 998 reconnection fee limits for low income customers (below the 200% federal poverty limit), the following fee charges as a result of low income customers being shut-off for non- payment shall be established as follows:
20 Meter Shut Off (low income only)
21 Meter Turn On (low income only)
22 Meter Turn On-After Hours (low income only)
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339

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Directing the City Engineer to Prepare and File an Annual Report for the Oak Hills Landscaping and Lighting Assessment District 1988-02 for Fiscal Year 2023/24 MEETING DATE: May 1, 2023

EXECUTIVE SUMMARY
Directing the City Engineer as the Engineer of Work to prepare and file the Engineer’s Report is the first of three steps in the annual renewal process for the Oak Hills Landscaping and Lighting Assessment District 1988-02. Upon receipt and approval of the Engineer’s Report, the City Council may order assessments to be placed on the County tax roll.

Revenue collected through this district is necessary to fund landscaping and lighting operations in the Oak Hills area.

RECOMMENDATION
City Council approve the attached resolution directing the City Engineer to prepare and file the Fiscal Year 2023/24 report for the Oak Hills Landscaping and Lighting Assessment District 1988-02.

BACKGROUND
In June 1988, the City Council confirmed the Engineer's Report, ordered improvements, and levied the first annual assessment for District 1988-02. Since then, the funds collected annually support landscaping and lighting operations in the Oak Hills area. Services include the following:
340
Street median and right-of-way landscaping maintenance; Street tree maintenance;
Sidewalk repair related to street tree damage; and
Street light energy costs and maintenance.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.

STAFF ANALYSIS
State statute mandates an annual renewal of assessments in District 1988-02. The first step is for the City Council to direct the City Engineer to prepare and file an annual report. The report will be submitted for City Council consideration in June.

ATTACHMENTS: Resolution
Report Prepared By: Sharon Paz, Administrative Analyst ll 341
Resolution No. 23- Page 1 of 1 May 1, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Directing the City Engineer to Prepare )
and File an Annual Report for the Oak Hills ) RESOLUTION NO. 23- Landscaping and Lighting Assessment )
District 1988-02 for Fiscal Year 2023/24 )
WHEREAS, the Oak Hills Landscaping & Lighting Assessment District 1988-02 was established by the City Council and approved by property owners; and WHEREAS, the City has levied assessments on property in this district to pay for improvements therein; and
WHEREAS, Section 22622 of the California Streets and Highways Code requires the City Council to annually adopt a resolution generally describing any proposed new improvements or any substantial changes in existing improvements to be included for the determination of annual assessments levied for any existing assessment district created under the Landscaping and Lighting Act of 1972; and
WHEREAS, Section 22622 further requires that the City Council order the preparation of an Engineer’s Report prior to declaring their intention to levy annual assessments for any district.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds that there are no proposed new improvements or any substantial changes in the existing improvements to the Oak Hills Landscaping & Lighting Assessment District 1988-02, and directs John Samuelson, City Engineer, to prepare and file with the City Clerk an annual report in accordance with Section 22622 of the Act.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 1st day of May 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

_________________________________
Shanelle Scales-Preston, Mayor
ATTEST:
_________________________________
Alice E. Evenson, City Clerk
342

Pittsburg City CouncilMay 1, 2023

Pittsburg City Council
May 1, 2023