Title
Final Passage of Ordinance Approving and Authorizing an Option and Purchase Agreement Between the City of Alameda and Alameda Housing Authority and Authorizing the Interim City Manager to Execute All Necessary Documents. [Requires Four Affirmative Votes] (Community Development 481005)
Body
CITY OF ALAMEDA ORDINANCE No. _______
New Series
APPROVING AND AUTHORIZING AN OPTION AND PURCHASE AGREEMENT BETWEEN THE CITY OF ALAMEDA AND ALAMEDA HOUSING AUTHORITY AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS (REQUIRES FOUR AFFIRMATIVE VOTES)
WHEREAS, The City of Alameda (“City”) is the legal and beneficial owner of approximately 0.4 acres of real property identified as assessor's parcel numbers 072-0383-001 and -002 (“Property”) located at the northeast corner of the intersection of Buena Vista Avenue and Sherman Street in the City of Alameda, Alameda County, California; and
WHEREAS, City and the Housing Authority acknowledge and agree that this Option and Purchase Agreement is entered into pursuant to the terms of that certain Development Agreement (Del Monte Warehouse Project) dated January 15, 2015 (the “DA”), entered into between City and TL Partners I, LP, a California limited partnership (“Developer”) with respect to the development of the Del Monte property located at 1501 Buena Vista Avenue in Alameda, directly adjacent to the Property. More specifically, this Option and Purchase Agreement is entered into pursuant to a written request from Developer to City to have the Property transferred directly to the Housing Authority in accordance with Section 7.c. of the DA; and
WHEREAS, Housing Authority desires to obtain from City, and City desires to grant an exclusive option to purchase the Property to Housing Authority, and each has entered into the Option and Purchase Agreement for this purpose; and
WHEREAS, In negotiating the terms of the DA, City provided notice to Housing Authority (a “local public entity” within the meaning of Section 50079 of the Health & Safety Code) and to Developer of the availability of the Property for development as affordable housing.
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1. The Council of the City of Alameda hereby approves and authorizes the Interim City Manager to execute an Option and Purchase Agreement (attached as Exhibit A) between the Housing Authority as Optionee and the City of Alameda as Optionor.
Section 2. An Environmental Impact Report (EIR) was adopted for the Northern Waterfront General Plan Amendment (GPA) in 2008. A Subsequent Mitigated Negative Declaration (SMND) and Mitigation Monitoring Program for the Del Monte Master Plan and DA were adopted by the City Council in December of 2014 pursuant to the California Environmental Quality Act (CEQA). The Purchase and Option Agreement implements the Del Monte Master Plan and the DA and no further environmental review is required.
Section 3. The Interim City Manager is authorized to execute such documents as shall be required to carry out the intent of this ordinance.
Section 4. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage.
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Presiding Officer of the City Council
Attest:
Lara Weisiger, City Clerk
* * * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the 1st day of September, 2015 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 2nd day of September, 2015.
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Lara Weisiger, City Clerk
City of Alameda
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Janet C. Kern, City Attorney
City of Alameda