Title
Adoption of Resolution Finding that the Harbor Bay Entities [Harbor Bay Village Four Associates (HBV4), Harbor Bay Village Five Associates (HBV5), and Harbor Bay Isle Associates (HBIA)] Have Demonstrated Good Faith Compliance with the Terms and Conditions of Development Agreement, DA-89-1. [This Compliance Review is not a project under California Environmental Quality Act.] (Planning, Building & Transportation 481005)
Body
To: Honorable Mayor and Members of the City Council
From: David L. Rudat, Interim City Manager
EXECUTIVE SUMMARY
On April 4, 1989, the City of Alameda (City) entered into a 30-year Development Agreement, DA-89-1, with Harbor Bay Village Four Associates (HBV4), Harbor Bay Village Five Associates (HBV5), and Harbor Bay Isle Associates (HBIA), hereinafter referred to as the "Harbor Bay Entities." Each year for the past 29 years, the City's Planning Board has reviewed an Annual Report confirming that the Harbor Bay Entities have complied with the obligations under the Development Agreement. On February 11, 2019, the Planning Board reviewed the 30th and final Annual Report for the Development Agreement, which will expire on April 4, 2019. The Planning Board found that the Harbor Bay Entities have demonstrated good faith compliance with the terms and conditions of the Development Agreement, through April 4, 2019, based on the findings contained in the Resolution.
Staff is recommending that the City Council approve the Resolution declaring that the Harbor Bay Entities have demonstrated good faith compliance with the terms and conditions of Development Agreement, through April 4, 2019.
BACKGROUND
The 1989 Development Agreement was intended, in part, to clarify and implement the requirements and satisfy the conditions of the Settlement Agreement between the City and HBIA, dated December 5, 1977, and the Settlement Agreement between the City and HBIA, HBV4 and HBV5, dated November 3, 1988.
The Development Agreement was entered into b...
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