Title
Recommendation to Authorize the Interim City Manager to Execute the Second Amendment to the Exclusive Negotiating Agreement between the City of Alameda and Radium Presents to Extend the Term of the Exclusive Negotiating Agreement to April 30, 2026, unless Terminated or Extended as Provided in the Exclusive Negotiating Agreement.
The streamlining provision of Public Resources Section 21083.3 and Section 15183 of the California Environmental Quality Act Guidelines apply and no further environmental review is required. (Base Reuse and Economic Development 29061822)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
The recommended Second Amendment to the Exclusive Negotiating Agreement (ENA) between the City of Alameda (City) and Radium Presents (Developer) extends the term of the ENA to April 30, 2026. All other terms and conditions in the ENA remain unchanged.
The Second Amendment to the ENA is attached as Exhibit 3. The original ENA approved by City Council in December 2023 is included as Exhibit 1. The First Amendment to the ENA is attached as Exhibit 2.
BACKGROUND
After seeking proposals for the development of a performing arts center through a Request for Qualifications, on December 19, 2023, City Council unanimously approved a 12-month ENA with Little Opera House, Inc. (now Radium Presents) for an approximately 2-acre site located on Pan Am Way between the new waterfront park and the Naval Air Station (NAS) Alameda Museum at Alameda Point within the Waterfront and Town Center Precise Plan area, the Site A Development Plan area, and the NAS Alameda Historic District (Site) (included in Exhibit 1 as Exhibit A) to construct and operate a performing arts center (Project).
The original ENA included a 12-month term and two (2) extensions for up to three (3) months each that could be authorized by the City Manager. The City Manager twice extended the ENA term, each by three (3) month increments - first in September 2024 and the second in November 2024 - to provide necessary additional time to advance negotiations.
The ENA requires Planning Board approval of a Development Plan prior to City Council’s consideration of the Lease Option with attached Ground Lease and Purchase Option (collectively referred to as the “Project Agreements”).
In March 2025, City Council approved an amendment to the ENA extending the term of the ENA to December 31, 2025. The amendment also removed the requirement to bring a Term Sheet to City Council for consideration and enacted a series of administrative clarifications. The first amendment to the ENA provided additional time for the preparation of the Project Agreements and the securing of necessary entitlements as well as allowed limited staff resources to be efficiently allocated.
Without a second amendment to the ENA term, the ENA will expire on January 1, 2026.
DISCUSSION
The Developer and staff have worked diligently over the past nine months to negotiate the Project Agreements and prepare for Planning Board consideration of the Development Plan. This effort included receiving direction from City Council in closed session in July 2025.
In recognition of both the unique complexities of negotiating agreements and preparing entitlement submissions for the development of a performing arts center, the City and Developer seek a second amendment to the ENA to extend the term of the ENA to April 30, 2026. This second amendment to the term will provide staff and the Developer additional time to prepare the Project Agreements and secure necessary entitlements, while efficiently allocating limited staff resources.
Staff intends to return to City Council in open session for the consideration of the Project Agreements in March 2026.
Staff is therefore recommending that City Council approve a second amendment to the ENA to extend the term to April 30, 2026. All other terms and conditions in the ENA remain unchanged.
The second amendment to the ENA will enable staff and Radium Presents to continue good faith negotiations toward a mutually acceptable long-term Project Agreements for the development of a performing arts center.
If the parties are able to reach a tentative agreement, a supermajority vote of the City Council would be required to approve the Project Agreements.
ALTERNATIVES
• Authorize the Interim City Manager to execute the Second Amendment to the ENA between the City and Radium Presents to extend the term of the ENA to April 30, 2026.
• Authorize the Interim City Manager to execute the Second Amendment to the ENA with modifications.
• Choose not to approve the Second Amendment to the ENA and direct the City Manager to terminate negotiations with Radium Presents.
FINANCIAL IMPACT
There is no financial impact to the City’s General Fund related to the approval of the Second Amendment to the ENA. City staff from various City departments and its consultants and attorneys will continue to expend time and effort on negotiation of the Project Agreements and Development Plan. These expenditures will be funded by the Base Reuse Department’s current budget.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The proposed project is consistent with the General Plan, Waterfront Town Center Specific Plan, and Site A Development Plan.
This action is subject to the Levine Act.
ENVIRONMENTAL REVIEW
Pursuant to the streamlining provision of Section 15183 of the California Environmental Quality Act (CEQA) Guidelines, no further environmental review is required at this time because the project is consistent with the General Plan and Zoning Regulations for the land. The environmental impacts of the development of the area were considered in the Alameda Point Project (APP) Final Environmental Impact Report (FEIR) adopted by the City Council on February 4, 2014, in compliance with CEQA and in the General Plan Update EIR adopted by the City Council on November 30, 2021. Approval of the Project Agreements and/or approval of a Development Plan for the site will be subject to additional environmental review, once the specifics of the project are more fully known.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Authorize the Interim City Manager to execute the Second Amendment to the ENA between the City of Alameda and Radium Presents to extend the term of the ENA to April 30, 2026, unless terminated or extended as provided in the ENA.
Respectfully submitted,
Abby Thorne-Lyman, Base Reuse and Economic Development Director
By,
Walker Toma, Community Development Manager
Financial Impact section reviewed,
Ross McCarthy, Finance Director
Exhibits:
1. Exclusive Negotiating Agreement with Little Opera House
2. First Amendment to the Exclusive Negotiating Agreement with Radium Presents
3. Second Amendment to the Exclusive Negotiating Agreement with Radium Presents