2006-03-01 ARRA PacketAGENDA
Special Meeting of the Governing Body of the
Alameda Reuse and Redevelopment Authority
Alameda City Hall
Council Chamber, Room 391.
2263 Santa Clara Avenue
Alameda, CA 94501
1. ROLL CALL
2. Public Comment on Non - Agenda Items Only.
Wednesday, March 1, 2006
Meeting will begin at 6:30 p.m.
Anyone wishing to address the Board on non - agenda items only, may speak for a
maximum of 3 minutes per item.
3. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER
3-A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR:
Property: Alameda Naval Air Station
Negotiating parties: ARRA, U.S. Navy, and Alameda Point Community Partners
Under negotiation: Price and Terms
Announcement of Action Taken in Closed Session, if any.
4. ADJOURNMENT
Notes:
▪ Sign language interpreters will be available on request. Please contact the ARRA Secretary at 749 -5800 at
least 72 hours before the meeting to request an interpreter.
Accessible seating for persons with disabilities (including those using wheelchairs) is available.
Minutes of the meeting are available in enlarged print.
■ Audio tapes of the meeting are available for review at the ARRA offices upon request.
ARRA Closed Session
Council Chamber, Room 391
March 1, 2006 6:30 p.m.
tem 3-A
This report is "verbal" only.
AGENDA
Regular Meeting of the Governing Body of the
Alameda Reuse and Redevelopment Authority
* * * * * * **
Alameda City Hall
Council Chamber, Room 390
2263 Santa Clara Avenue
Alameda, CA 94501
1. ROLL CALL
2. CONSENT CALENDAR
Wednesday, March 1, 2006
Meeting will begin at 7:00 p.m.
Consent Calendar items are considered routine and will be enacted, approved or adopted by
one motion unless a request for removal for discussion or explanation is received from the
Board or a member of the public.
2-A. Approval of the minutes of the Regular Meeting of February 1, 2006.
2 -B. Recommendation to Approve the Naval. Air Museum (ANAM) Sublease at Alameda Point.
2 -C. Authorize the Executive Director to execute a Grant Agreement with Metropolitan.
Transportation Commission (MTC) for a $221,000 Station Area Planning Grant for
Alameda Point and to Execute a Funding Agreement with the Alameda County
Transportation Improvement Agency (ACTIA) for $25,415 to Provide Matching Local
Funds for the MTC Grant.
3. REGULAR AGENDA ITEMS
None.
4. ORAL REPORTS
4 -A. oral report from. Member Matarrese, RAB representative.
5. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT)
(Any person may address the governing body in regard to any matter over which the
governing body has jurisdiction that is not on the agenda.)
6. COMMUNICATIONS FROM THE GOVERNING BODY
7. ADJOURNMENT
ARRA Agenda —March 1, 2006 Page 2
This meeting will be cablecast live on channel 15. The next regular ARRA meeting is
scheduled for Wednesday, April 5, 2006.
Notes:
▪ Sign language interpreters will be available on request. Please contact the ARRA Secretary at 749 -58OO at
least 72 hours before the meeting to request an interpreter.
Accessible seating for persons with disabilities (including those using wheelchairs) is available.
Minutes of the meeting are available in enlarged print.
• Audio tapes of the meeting are available for review at the ARRA offices upon request.
UNAPPROVED
►` ED
MINUTES OF THE REGULAR MEETING OF THE
ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
Wednesday. February 1, 2006
The meeting convened at 7 :43 p.m. with Chair Johnson presiding.
» ROLL CALL
Present: Beverly Johnson, Chair of Alameda
Tony Daysog, Boardmember, City of Alameda
Doug dePlaan, Boardmember, City of Alameda
Frank Matarrese, Boardmember, City of Alameda
Marie Gilmore, Boardmember, City of Alameda
2. CONSENT CALENDAR
2 -A. Approval of the minutes of the Regular Meeting of January 4, 2006.
2 -B. Recommendation to Approve Policy Regarding Hiring Procedures for Special Legal
Counsel; Resolution Amending Resolution No. 002 Regarding the Powers and Authority
of the General. Counsel.
Terri. Highsmith, Assistant City Attorney, pointed out that the only difference between the City
Council policy and the ARRA policy is the unlawful detainer policy.
Approval of 2 -A was motioned by Member Gilmore, seconded by Member Matarrese and
passed by the following voice vote: Ayes — 5; Noes -- 0; Abstentions — 0.
Member Gilmore motioned for approval of 2-B as written, with the caveats to receive a
written report on unlawful detainers and revisit the policy in 6 months. The motion was
seconded by Member deHaan and passed by the following voice vote: Ayes — 5; Noes -0;
Abstentions -
3. REGULAR AGENDA ITEMS
3 -A. Presentation of the Final Preliminary Development Concept (PDC).
Andrew Thomas, Supervising Planner, requested formal acceptance of the PDC. Acceptance of
the PDC represents an important step in completing some obligations made in ARRA's
agreement with the selected master developer, APCP: complete a plan with the help of the
Alameda community to identify the development opportunities at Alameda Point and the key
tradeoffs and challenges.
Page 2
As described in the plan, the PDC does not represent the FINAL development plan for Alameda
Point. It is a planning study with the basic message that to get through an entitlement process
and a planning process, and to actually see implementation will require some tough compromises
and decisions that have not yet been made. The PDC clarifies that when the important decisions
are made, all the necessary information will be available to the public and to ARRA, Important
issues are emphasized in the Next Steps chapter. The plan for the redevelopment of Alameda
Point will continue to evolve as we move through the entitlement process.
Member Daysog thanked staff for the memo provided by Darin Smith of Economic Planning
Systems (EPS) detailing the assumptions. He requested further sources, methodologies and
assumptions regarding information in Table 3 and in Table 4 — property taxes, assumptions in
terms of housing values, industrial and commercial, property transfer taxes. Member Daysog
explained that this information would be helpful for future generations of Alamedans to track the
fiscal health of this project.
There were several speakers on this item:
Birgitt Evans --- represents the Alameda Architecture Preservation Society (AAPS). Thanked
staff and Andrew Thomas for the PDC. Discussed concerns with removal of two seaplane
lagoon hangars (Bldgs. 11. & 12). Recommended construction of height - limited buildings to
preserve vista for future generations.
Elizabeth Krase, AAPS — thanked Andrew Thomas. Discussed concerns regarding the timetable
for the Preservation and Adaptive Reuse Studies, and the potential loss of the BOQ, Big Whites,
etc.
Joan Konrad -- discussed importance of examining Measure A non - compliant alternative plan for
Alameda Point redevelopment and safe and easy walking distance to destinations — schools,
work and shoppin
g•
Diane Lichtenstein concerns about the constraints of Measure A. Reiterated that the PDC is
only a draft and wanted to emphasize the flexibility of the plans.
Helen Sause - commended Staff and the City on the PDC, stating that the public input has been
valuable. Discussed priority to see the development without restrictions of Measure A. Urged
ARRA to keep flexibility in development of the PDC and keep the alternative plan that would
permit AP to be developed in accordance with good planning principles.
Chair Johnson closed the public comment portion of this item.
Chair and Boardmembers thanked Andrew Thomas and the staff for the PDC. Member Gilmore
was particularly pleased with staff's response to public input and the Board's comments about
the Next Steps chapter. She emphasized that what's outlined in the Next Steps chapter gets
accomplished, yet not to tie ourselves down to a specific timeline, particularly since we don't yet
have the property. Chair Johnson agreed, stating that it was surprising how many residents don't
Page 3
know that ARRA does not own the property yet. Member. Matarrese repeated the notion of
ensuring ample time for dealing with Historic properties, having advanced notice for ARRA,
Planning, and the public -- to understand what's ahead.
Member Daysog motioned for approval of this item. The motion was seconded by Member
deHaan and passed by the following voice vote: Ayes — 5: Noes -- 0; Abstentions —
3-B. Recommendation to Approve a 20 -year Lease with the Department of Transportation
Maritime Administration ( MARAD).
Nanette Banks, Finance and Administration Manager of DSD, presented the Board with the
lease, gave an overview of MARAD, a tenant on the base since 1997, and explained that the
lease negotiations have been going on since May 2002. The lease being presented included two
components: the lease combines the MARAD warehouse and pier uses.
In addition to generating, under this new lease, a proposed $1.8 M in the first two years with 3%
increases, MARAD is the largest electricity user in Alameda and responsible corporate citizens.
They've already spent $1M on dredging, an ARRA obligation, but MARAD put the money up
front. Chair Johnson discussed security fencing, possibilities of reconfiguring least intrusive
manner.
Member deHaan asked whether MARAD discussed possibilities of shouldering relocation of
Hornet and the different scenarios regarding the Hornet's location. Ms Banks replied that
MARAD couldn't make an initial investment and it is an obligation of ARRA, but that the 3%
increase in rent should pay for whatever decision is made. Member deHaan stated that MARAD
should strive to find dollars to relocate the Hornet, since it's to their benefit. Chair Johnson
suggested that MARAD may have better access to homeland security money.
Under the new lease, gross lease revenue for the first 2 years is 1.8M per year. Net is $800,000
to ARRA . Chair Johnson requested a copy of pro forma. She also emphasized an important
attachment — Exhibit H — which outlines ARRA's obligations under the lease. Ms. Banks
explained that those obligations were negotiated down from the standard lease.
Member deHaan stated that MARAD is one of the best tenants at Alameda Point, but is
concerned about the 20 year cost to maintain the operation, and that they're not an asset for the
ambience of the development. Member Matarrese doesn't have a problem with MARAD being
here, recognizing that it's a multiple -use development; there is some industrial and commercial
use.
Chair Johnson expressed concern about a provision, in the MARAD lease, relating to Trident.
She questioned why they were intertwined, and why there is not separate, employer liability
insurance.
Terri Highsmith, Assistant City Attorney, explained that insurance is something that MARAD
and the Federal government can't get and it's in our interest to have this insurance in place.
Page 4
Mike Hampen, PM Realty Group, further explained that liability insurance of piers is required
whether there is a port manager or not. Ms. Banks said that the reference to Trident will be
removed, as there is no reference in naming the port manager in the agreement.
Member Matarrese requested an analysis on the risk assessment and liability of lease, stating that
staff and the City Attorney are being paid to review leases and contracts, not the responsibility of
the ARRA Board (to review leases, etc.). He recommended bringing this item back and the need
to keep MARAD as a tenant, to see the Navy in legacy.
Chair Johnson agreed with Member Matarrese's request, stating she'd like a better definition of
what the potential expenses and risks are. She stated that MARAD is an excellent tenant, and we
don't want to lose them; we just need to understand the lease better. She also requested that the
Trident provision be completely separate and not included in the MARAD lease.
Member Gilmore expressed concern about the lease not being included in the packet for review.
She prefers to receive copies of complex documents and decide how deeply to look at the
documents or how much to rely on the staff report. Chair Johnson recommended that, at the
least, significant attachments (like Attachment H, etc.) be summarized in the staff report, or be
included in the package.
Without a formal motion, all members agreed to continue this item to the March 1, 2006
ARRA meeting with a request for a more detailed analysis of the ARRA's risk assessment
and obligations under the MARAD lease.
4. ORAL REPORTS
4-A. Oral report from Member Matarrese, RAB representative.
Member Matarrese gave an overview of the Jan 5th meeting: The major item on the agenda was
the Petroleum. Hydrocarbon. Program update, highlighting the status and technical explanations
of the remediation taking place on sites spread across Phase 1 and several in Phase 3. He stated
that there was an amazing mass of contaminants being removed: jet fuel, gasoline, etc. The next
RAB meeting is Thursday, Feb 9.
5. ORAL COMMUNICATIONS, NON - AGENDA (PUBLIC COMMENT)
There were no speaker slips.
6. COMMUNICATIONS FROM THE GOVERNING BODY
Member deHaan requested an update on the Tinker Ave. 1 Webster St. exchange, stating that it is
key to fully developing FISC.
Page 5
Member Matarrese reiterated the Dec. 2004 ARRA - approved intent of requesting all ARRA
leases (and licenses) come to ARRA, so they know what the arrangements are with tenants on
the property and to maintain their responsibility to the LIFOC.
Chair Johnson requested an update on the Hornet. Leslie Little, Development Services Director,
informed the Board that there is no lease negotiations ongoing at the time, and there has not been
an existing lease with the Hornet for 2 years. Ms. Little will provide a report to the Board at the
next meeting. Ms. Little reiterated that updates are provided to the ARRA in monthly financial
reports.
7. ADJOURNMENT
Meeting was adjourned at 9 :23 p.m.
Respectfully submitted,
Irma Glidden
ARRA Secretary
Alameda Reuse and Redevelopment Authority
Interoffice Memorandum
March 1, 2006
TO: Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
FROM: Debra Kurita
Executive Director
RE: Report from the Executive Director Recommending the Approval of Alameda Naval.
Air Museum (ANAM) Sublease at Alameda Point
Background
In June 2005, the ARRA Board considered a proposed sublease extension with the existing
tenant of Building 77 at Alameda Point, the Alameda Naval Air Museum (ANAM), for a term of
one year with a one -year renewal option. Because they did not have possession of the property,
there was not ample time for ANAM to comply with a number of the operating terms of the
previous sublease; thus, this short -term agreement was proposed as an interim arrangement in
order to provide an opportunity for ANAM to address these outstanding issues After discussing
the proposed lease provisions, the ARRA Board directed staff to re -enter into negotiations with
ANAM in order to develop an extended term lease with provisions that included performance
measures that would be satisfactory to both parties.
Discussion
As a result of the negotiations, the proposed sublease of the 21,136 square foot Building 77 provides
for a term of ten -years with a five -year renewal option. This sublease states that the property will be
used as a museum and requires specific performance objectives that include maintaining museum
artifacts, achieving minimum levels of attendance and developing quality exhibits and programs.
Additionally, to monitor the ability to meet these performance objectives, the agreement requires
ANAM to measure attendance, quantify website patronage, develop special exhibits, conduct special
events and engage in fundraising. During the initial months of the sublease, ANAM will be required
to provide an action plan that identifies the goals and the activities and programs that will produce
the results. The terms of the agreement will also require the museum to produce an annual report
that outlines its accomplishments and provides the results of the surveys designed to measure visitor,
volunteer and member satisfaction. At the end of the ten -year period, the option to renewal will be
contingent upon ANAM's ability to demonstrate that it has met these performance standards.
Fiscal Impact
The proposed rent for the Alameda Naval. Air Museum is $12 annually with an additional Common
Area Service Charge of $6,528 annually.
"Dedicated to Excellence, Committed to Service"
Honorable Chair and Members of the
Alameda. Reuse and Redevelopment Authority
March 1, 2006
Pg. 2 of 2
Recommendation
Approve a sublease with the Alameda Naval Air Museum for Building 77 at Alameda Point for $12
annually plus an annual. Common Area Services Charge for a period of ten -years with an option for a
five -year extension.
By:
esp w ( fully submitted,
e
Development Services Director
Nanette Banks
Finance & Administration Manager
Attachment: Area Map
Sublease is on file in the City Clerk's office
Dedicated to Excellence, Committed to Service
C3 :\Comdev \Base Reuse; Redevp\ARRA\STAFFREP\2006\03 March12 -I3 ANAM Sublease.doc
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Alameda Reuse and Redevelopment- Authority
Interoffice Memorandum
March 1, 2006
TO: Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
FROM: Debra Kurita, Executive Director
RE:
Backjzround
Authorize the Executive Director to execute a Grant Agreement with Metropolitan
Transportation Commission (MTC) for a 5221,000 Station Area Planning Grant for
Alameda Point and to execute a Funding Agreement with the Alameda County
Transportation Improvement Agency (ACTIA) for $25,415 to Provide Matching Local
Funds for the MTC Grant
In July 2005, the ARRA was awarded a Station Area Planning Grant from the Metropolitan.
Transportation Commission (MTC) for $221,000 for further planning activities to support transit
oriented development at Alameda Point. In order to qualify for the grant, a minimum local matching
grant of 11% is required. The Alameda County Transportation Improvement Agency (ACTIA)
informed staff in January that it will provide $25,415, or 10.2 percent, for the match. The balance of
the local match, 53,585, will be paid by the City of Alameda.
Discussion
In early 2004, the ARRA initiated an 18 -month community planning effort to engage the Alameda
community in developing a detailed development program and transportation plan for Alameda Point. The
ARRA Board accepted the resulting Alameda Point Preliminary Development Concept (PDC) and
Transportation Plan in February 2006. The PDC land use plan relocates the Main Street ferry terminal to
a new Seaplane Lagoon Town Center at the terminus of Atlantic Street. The new transit station will provide
ferry service to San Francisco, shuttle and bus service to 12th Street BART, and create car -share and bicycle
facilities. The station will be located adjacent to proposed neighborhood retail and community services,
restaurants, museums, and waterfront open spaces. Within one -half mile of the Transit Center, the PDC
provides over 1,500 housing units, 107,000 square feet of civic uses, 325,000 square feet of retail space and
11 million square feet of employment- generating commercial uses. There would be approximately 5,400
employees and 3,574 residents within a 10- minute walk of the station. The PDC document also lists a
series of "next steps" processes required for implementation, which include additional land use and
transportation studies in coordination with the public to make sure that the new development meets the
requirements for supporting the transit solutions proposed in the PDC.
MTC Grant. MTC has adopted a policy of supporting Transit Oriented Development, which entails
providing a mix of housing and jobs near transit to make the transit effective. The MTC Station. Area
Planning Grant will fund preparation, review, and adoption of a Station Area Master Plan that includes
"Dedicated to Excellence, Committed to Service"
Honorable Chair and Members of the
Alameda Reuse and Redevelopment Authority
March 1, 2006
Page 2
zoning standards and development criteria for the development of the Seaplane Lagoon Town Center
Station Area. This plan will implement the PDC and direct the design, review, entitlement, and
implementation of the full range of mixed uses envisioned in the PDC. The Station Area Plan will
articulate station area access and circulation plans, transit ridership estimates, minimum building heights
and residential densities, maximum parking standards and required shared parking standards, required
transit and bicycle facilities, minimum Alameda Point homeowner and business association dues to support
transit operations, and other key criteria to ensure that the development is transit supportive, pedestrian
friendly, and results in the truly unique place envisioned in the General. Plan. A detailed scope of work
(Attachment A) and project budget (Attachment B) are attached to the funding agreement.
ACTIA Grant. The ACTIA grant is intended to fund a portion of the local match required by the MTC
grant, rant, usin Measure B funds. The amount granted, $25,415, is less than the required local match amount
of $29,000. City funds will supply the difference.
I lseal Impact
The total project cost of $250,000 will include an allocation of $221,000 from the MTC grant and matching
funds consisting of $25, 415 from the ACTIA grant with $3,585 in general funds can -ently budgeted by the
City of Alameda.
Recommendation
Authorize the Executive Director to execute the attached Grant Agreement with Metropolitan
Transportation Commission (MTC) for a S221,000 Station Area Planning Grant for Alameda Point and to
execute the attached Funding Agreement with the Alameda County Transportation Improvement Agency
( ACTIA) for $25,415 to Provide Matching Local Funds for the MTC grant.
Attachments:
Leslie Little
velopment Services Director
By: Debbie Potter
Base Reuse and Community Dev. Manager
1. MTC Funding Agreement
A. Scope of work
B. Project Budget and Schedule
2. ACTIA Funding Agreement
Dedicated to Excellence, Committed to Service
ATTACHMENT 1
FUNDING AGREEMENT
Between METROPOLITAN TRANSPORTATION COMMISSION
And ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
For STATION AREA PLAN
THIS AGREEMENT is made and entered into as of the 1st day of September 2005, by
and between the Metropolitan Transportation Commission (herein called "MTC "), a regional
transportation planning agency established pursuant to California Government Code §66500 et
seq., and the Alameda Reuse and Redevelopment Authority, (hereinafter referred to as
"RECIPIENT ").
WITNESSETH
WHEREAS, MTC has determined that a community -based planning project ( "the
Project ") will help increase the cost- effectiveness of the region's public transit investments by
maximizing the number of transit riders who live, work and study in close proximity to transit
stations and corridors; and
WHEREAS, MTC expects that the Project will, specifically, (1) help to increase transit
ridership, (2) enhance station access for pedestrians, bicyclists and transit, and (3) promote
livable, walkable communities; and
WHEREAS, MTC approved the use of funds from the STP Exchange Fund for the
Project.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES
RECIPIENT agrees to perform or engage a consultant(s) to perform the services
described in Attachment A, Scope of Work, attached hereto and incorporated herein by this
reference as though set forth in full. RECIPIENT agrees, in addition, to provide all necessary
staff support to deliver the services in Attachment A.
MTC/Alameda Reuse and Redevelopment Authority
Funding Agreement for Station Area Plan
Page 2
2. TIME OF PERFORMANCE
The services funded by this Agreement shall commence on or after September 1, 2005,
and RECIPIENT shall complete them by December 31, 2006 unless earlier terminated as
hereinafter provided.
3. FUNDING AND METHOD OF PAYMENT
A. MTC agrees to provide RECIPIENT up to two hundred twenty-one thousand
dollars ($221,000) from STP Exchange funds allocated to MTC for the Station Area Plan
program for the purpose of funding the Project described in Attachment A. RECIPIENT will
provide additional funding and staff support as set forth in Attachment B, Project Budget and
Schedule.
B. Payment to RECIPIENT shall be due in the amounts indicated below, upon
acceptance by the MTC Project Manager of the following deliverables, described in detail in
Attachment A:
Task 1 Deliverables I MTC Payment
:
1 1 Deliverable #1a: Alternatives Report 1
. 1
Deliverable #1b: !
Workshop #1 Meeting Summary . $35,400
2 . Deliverable #2: Market Demand and Alternatives Financial
$39,825
, - Feasibility Draft Report
3 ; Deliverable #3a: Parking Demand Analysis and Potential local
• TOD Parking Policies
,
Deliverable #3b:
. I Workshop #2 Meeting Summary , $30,975
•
4 , Deliverable #4a: Station Access Public Improvement Design
. 1 Standards . .
:•• 1 Deliverable #4b: Workshop #3 Meeting Summary
6 i Deliverable #6a: Draft Station Area Plan
. ;
. 1 Deliverable #6b: Workshop #4 Meeting Summary
. .
. ' Deliverable #6c: Final Draft Station Area Plan $35,400
7 1 Deliverable #7a: Station Area Plan, General Plan Amendments, 1 .:
.••• 1 Zoning Codes as adopted by City Council .
I. :
1 i Deliverable #7b: Final Environmental Impact Report as adopted
by City I
, 1 ty Council $13,025
TOTAL ' $221,000.00
MTC/Alameda Reuse and Redevelopment Authority
Funding Agreement for Station Area Plan
Page 3
C. Payment shall be made within thirty (30) days after receipt by MTC of an acceptable
invoice, which shall be subject to the review and approval of MTC's Project Manager.
RECIPIENT should deliver or mail invoices to MTC, as follows:
Accounting Department
Metropolitan Transportation Commission
101 - 8th Street
Oakland, CA 94607-4700
D. Subject only to duly executed amendments, it is expressly understood and agreed
that in no event will the total compensation to be paid under this Agreement exceed the sum of
two hundred twenty -one thousand dollars ($221,000).
4. COMPLIANCE WITH LAWS
RECIPIENT shall comply with any and all laws, statutes, ordinances, rules, regulations
or requirements of the federal, state, or local government, and any agency thereof, which relate
to or in any manner affect the performance of this Agreement. In addition, RECIPIENT certifies
that it has complied with the requirements of the California Environmental Quality Act (CEQA),
California Public Resources Code Section 21,000 et seq. in connection with the Project.
5. RESTRICTIONS ON USE OF FUNDS
RECIPIENT agrees to use funds received pursuant to this Agreement only for the Project.
6. TERMINATION
If RECIPIENT fails to perform as specified in this Agreement, MTC may ter rni nate this
Agreement for cause by written notice.
7. INDEMNIFICATION
RECIPIENT shall indemnify, defend, and hold harmless MTC, its Commissioners,
representatives, agents and employees from and against all claims, injury, suits, demands,
liability, losses, damages and expenses, whether direct or indirect (including any and all costs
and expenses in connection therewith), incurred by reason of any act or failure to act of
RECIPIENT, its officers, directors, employees, agents, or contractors or any of therm in .
connection with this Agreement.
MTC /Alameda Reuse and Redevelopment Authority
Funding Agreement for Station Area Plan
Page 4
8. RETENTION OF RECORDS
RECIPIENT agrees to keep all records pertaining to the project being funded for audit
purposes for a period of four (4) years from the date of Project completion in accordance with
generally accepted accounting practices. Copies of RECIPIENT' s audits, if any, performed
during the course of Project development and at Project completion shall be forwarded to MTC
no later than one hundred eighty (180) days after fiscal year end close.
9. AUDITS
RECIPIENT shall permit MTC and its authorized representatives to have access to
RECIPIENT's books and records for the purpose of verifying that funds are properly accounted
for and proceeds are expended in accordance with the terms of this Agreement. All documents
shall be available for inspection by authorized MTC representatives during the term of this
Agreement and for the retention period specified in Article 8.
10. AMENDMENTS
Any changes in the services to be performed under this Agreement shall be incorporated
in written amendments, which shall specify the changes in work performed and any adjustments
in compensation and schedule. All amendments shall he executed by the MTC Executive
Director or a designated representative and the RECIPIENT. No claim for additional
compensation or extension of time shall be recognized unless contained in a duly executed
amendment.
11. NOTICES
All notices or other communications to either party by the other shall be deemed given
when made in writing and delivered or mailed to such party at their respective addresses as
follows:
To MTC:
Attention: Anna Young
Metropolitan Transportation Co ssion
101 - 8th Street
Oakland, CA 94607 -4700
To RECIPIENT: Attention: Debra Kurita, Executive Director
MTC /Alameda Reuse and Redevelopment Authority
Funding Agreement for Station Area Plan
Page 5
c/o Elizabeth Johnson,
Alameda Reuse and Redevelopment Authority
Department of Development Services
950 West Mali Square
Alameda, CA 94501
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of
the day and year first written above.
METROPOLITAN TRANSPORTATION ALAMEDA REUSE AND
COMMISSION REDEVELOPMENT AUTHORITY
Steve Henninger, Executive Director Debra Kurita, Executive Director
1:1 SECTI(:) N1 ALLSTAFI \C[)NTRAC.'TIContracts- New1CC)N O5- 06IFunding Agreements\Station Area PlanslAlanieda STI' Exchange.doc
MTC/Alameda Reuse and Redevelopment Authority
Funding Agreement for Station Area Plan
Page 6
ATTACHMENT A
ALAMEDA POINT
STATION AREA PLAN
SCOPE OF WORK
The Alameda Reuse and Redevelopment Authority (ARRA), in conjunction with the City of
Alameda, will develop a Station Area Plan for the redevelopment of the former Alameda Naval
Air Station (Alameda Point). The primary objectives to be accomplished as part of the Station
Area planning process are:
• Objective #1: To draft and adopt a Station Area Plan (SAP) that includes:
• Zoning Amendments: The SAP will include a comprehensive set of zoning and
parking ordinance amendments specific to Alameda Point to ensure that the
redevelopment of the area supports the proposed transit and ferry improvements
and facilitates non-automobile modes of transportation, specifically walking,
bicycling, and facilities for the disabled.
• City Standards: The SAP will include a comprehensive set of City standards and
guidelines for the design and implementation of public improvements at Alameda
Point to ensure that the development of new roads, landscape areas, block sizes,
and other improvements support and encourage transit use, walking, bicycling and
disabled access.
O Amendments: The SAP will include any amendments to the General Plan, Capital
Improvement Program or other city documents necessary to ensure consistency
with Station Area Plan recommendations.
• Objective #2: To educate the public about the alternatives and involve the public in the
selection and adoption of amendments to city standards and regulations to ensure a transit
oriented redevelopment of Alameda Point.
• Objective #3: To ensure that the future redevelopment of the former Naval Air Station
results in development and public improvements that maximizes and supports transit use and
creates a bicycle and pedestrian friendly, mixed use environment.
Concurrent with the Station Area Planning process, the City will be preparing a programmatic
EIR for the redevelopment of Alameda Point. The EIR will include evaluation of the Station
Area Plan recommendations and provide adequate analysis to comply with the California
Environmental Quality Act to allow the Alameda City Council to adopt the Station Area Plan
recommendations. The required EIR will not be funded with the MTC grant funds, but
materials generated through the Station Area Planning effort may be referenced in the
environmental analysis.
RECIPIENT (the ARRA) will hire a consultant to execute tasks and deliverables outlined in this
agreement.
Public participation is an important component of the Station Area Planning effort. A series of
workshops are planned to involve the public in the alternatives evaluation and the selection of
MTC /Alameda Reuse and Redevelopment Authority
Funding Agreement for Station Area Plan
Page 7
recommended amendments to zoning and city standards. The planned community forums will
continue and build upon the six community forums that occurred between August 2004 and June
2005 to develop the 2005 Preliminary Development Concept and Charter Amendment
Alternative for Alameda Point. (Information about the Preliminary Development Concept and
Alternative are available for review on the Internet at www.alameda- point..com) The community
forums will:
• Provide an opportunity for the public to discuss and debate actions needed to achieve a
transit - oriented development at Alameda Point.
• Educate public about alternative approaches and concepts to achieve and support transit
oriented development.
• Provide examples of successful transit oriented developments in other locations.
• Discuss and refine development alternatives to be evaluated in the PER.
• Synthesize concepts until consensus is reached and proceed with preferred packages of
amendments to achieve transit - oriented design at Alameda Point.
Task 1: Land Use Alternatives
Based upon the work completed as part of the Preliminary Development Concept planning
process, the consultant will prepare a set of refined land use alternatives for Alameda Point. The
alternatives will be designed to facilitate a public discussion of the potential benefits of:
• Different mixes of land use within 1/2 mile of the transit center.
• Different residential densities and types of housing within different areas of the
development.
• Different employment types, locations, and densities within the development,
• Different public improvement standards (i.e. narrower street sections, smaller block sizes,
bus pull - outs, ferry terminal /transit interface, etc)
The analysis will include examples of zoning standards or pubic improvement standards adopted
in other cities or counties to facilitate transit oriented development and transit use.
After completion of the alternatives analysis, the ARRA will conduct Community Workshop #1.
Community Workshop #1 will serve as a forum for the public to review the alternatives, learn
more about transit oriented development concepts, and provide direction to the ARRA team as to
which alternatives and concepts are most appropriate given the unique conditions at Alameda
Point.
The Water Transit Agency and A.C. Transit will provide technical support to the project team
and participate in all public forums.
Deliverable #la: Alternatives Report
Deliverable #lb: Workshop #1 Meeting Summary
MTC /Alameda Reuse and Redevelopment Authority
Funding Agreement for Station. Area Plan
Page 8
Task 2: Market Demand Analysis
The consultant will prepare a report assessing the market demand and financial feasibility of
different alternatives resulting from Task 1. The analysis will examine both residential and
employment demand and the financial feasibility of different land use alternatives. The study
will evaluate the demand for affordable housing and other housing types and designs.
Deliverable #2: Market Demand and Alternatives Financial Feasibility Draft Report
Task 3: Parking Stud,
The consultant will prepare a parking study for the station area. The study will include:
• Anticipated residential parking demand
• Anticipated employment/commercial parking demand
• Recommendations for shared parking in station area
• Potential for priced parking in station area
' Recommended TOD parking ratios for residential and commercial projects
• Feasibility of establishing parking maximum ratios and eliminating or reducing minimum
parking ratios
• Limiting on- street parking through a permit parking program
After completion of Tasks 2 and 3, the ARRA /Consultant team will conduct Workshop 2 to
review and discuss the findings of the Financial Feasibility and Parking studies. The purpose of
the workshop will be to educate the community about the financially feasible options and the
opportunities to significantly revise the City of Alameda parking requirements at Alameda Point.
Deliverable #3a: Parking Demand Analysis and Potential local TOD Parking Policies
Deliverable #3b: Workshop #2 Meeting Summary
Task 4: Station Area Public Improvement Design Standards
The consultant will use available local agency or applicable transit agency and/or congestion
management agency station area plan guidelines to prepare a comprehensive review of, and
recommended amendments to, the City of Alameda's design standards for public improvements,
including street cross - sections, on street parking, bicycle access, pedestrian improvements, bus
stop facilities and other standards that are critical to ensuring a transit supportive and pedestrian
friendly environment.
Given that the Preliminary Development Concept recommends a complete replacement of the
existing infrastructure and development of a new road system for Alameda Point, the Public
Improvement design standards will need to include standards for smaller block sizes, wider
sidewalks, minimal setbacks, visible pedestrian crossings, and "queue jumpers" at key
intersections for buses. The standards will also address any unique standards necessary to
support the Preliminary Development Concept's recommendations for neighborhood centers
within the development.
MTC /Alameda Reuse and. Redevelopment Authority
Funding Agreement for Station. Area Plan
Page 9
RECIPIENT and its consultant will conduct a workshop during the development of this
deliverable to seek public input on the Public Improvement Design Standards. The workshop
will include participation from: AC Transit, Bicycle Friendly Alameda, and other groups and
organizations with a strong working knowledge of what works well in Alameda and what recent
improvements in Alameda have not been transit supportive or conducive to a pedestrian friendly
environment.
Deliverable #4a: Station Access Public Improvement Design Standards
Deliverable #4b: Workshop #3 Meeting Summary
TASK 5: MID- PROJECT PROGRESS REPORT TO MTC
The consultant will prepare a project status and progress report for MTC in May, 2006. The
progress report will address current project status and review issues and challenges encountered
during the station area planning process and lessons learned to date. This is not a paid .
deliverable, but would need to be completed and provided to MTC before reimbursement will be
made for remaining deliverables.
Deliverable #5a: Project Progress Report (May, 2006)
Task 6: Development of Station Area Plan
RECIPIENT will develop a draft Station Area Plan with alternatives for public review.
Following public review the consultant shall develop a final draft version of the Station Area
Plan. The Station Area Plan shall include:
A. An overview and findings of tasks 1 -5, and:
B. The draft and final Station Area Plan shall, at a ninimum, include the following elements:
1. Goals for the Plan.
2. Description of Planning Process. A description of the public involvement process used to
engage community stakeholders and members of the public.
3. Land Use Section ----- A description of anticipated increase in new housing units, affordable
housing, jobs and mix of other uses within a half -mile radius of the identified station and
alternatives to increase the number through additional changes in local land use
regulations. The Land Use Section will include:
o A comprehensive set of zoning and parking ordinance amendments specific to
Alameda Point to ensure that the redevelopment of the area supports the proposed
transit and ferry improvements and facilitates non - automobile modes of
transportation, specifically walking, bicycling, and facilities for the disabled.
o A parking section, which will include a discussion of innovative parking
management policies and a set of recommended parking ordinance amendments.
o A policy section which includes any amendments to the General Plan, Capital
Improvement Program or other city documents necessary to ensure consistency
MTClAlameda Reuse and Redeve .oprnent Authority
Funding Agreement for Station. Area Plan
Page 10
with Station. Area Plan recommendations.
4. Public Improvement Section - Address pedestrian, transit, auto, and bicycle access to the
station. Estimate of the number of transit riders from within the station area accessing the
transit station by non- motorized modes. The Public Improvement Section will include:
A comprehensive set of City standards and guidelines for the design and
implementation of public improvements at Alameda Point to ensure that the
development of new roads, landscape areas, block sizes, and other
improvements support and encourage transit use, walking, bicycling and
disabled access.
A Pedestrian Design section that incorporate design policies and standards
that will promote walkability and livability of the station area.
5. Implementation Section - Describe local commitment to formally adopting and
implementing the Station. Area Plan.
RECIPIENT and its consultant will conduct a workshop following preparation of the draft
Station Area Plan and prior to the development of the final draft Station Area Plan.
Deliverable #6a: Draft Station Area Plan
Deliverable #6b: Workshop #4 Meeting Summary
.Deliverable #6c: Final Draft Station Area Plan
Task 7: Formal Adoption of Station Area Plan, zoning and environmental assessment
7.1 Planning Commission Hearing on Final Draft Specific Plan, necessary implementing
measures such as zoning and environmental assessment
RECIPIENT and its consultant will present the Final Draft Specific, zoning and environmental
assessment at a hearing before the Planning Commission.
7.2 City Council Hearing on Final Draft Specific Plan, zoning and environmental
assessment
RECIPIENT and its consultant will present the Final. Draft Specific Plan, zoning and
environmental assessment at a hearing before the City Council.
7.3 Prepare final version of adopted Specific Plan, zoning and environmental
assessment
Consultant shall make any final revisions or modifications to the plan and prepare a camera-
ready copy and coordinate printing of the documents with RECIPIENT staff. RECIPIENT and
its consultant shall provide MTC with four color copies of the adopted Station Area Plan.
Deliverable #7a: Station Area Plan, General Plan Amendments, Zoning Codes as adopted by
City Council
Deliverable #7b: Final Environmental Impact Report as adopted by City Council
MTC /Alameda Reuse and Redevelopment Authority
Funding Agreement for Station Area Plan
Page 11
MTC/Alameda Reuse and Redevelopment Authority
Funding Agreement for Station Area Plan
Page 12
ATTACHMENT B
PROJECT BUDGET AND SCHEDULE
The following table provides the project budget by deliverable, including local match to be
provided by the ARRA:
Task
Deliverables
1 ` Deliverable #1a: Alternatives
Report
Deliverable #1b:
Workshop #1 Meeting Summary
2 Deliverable #2: Market Demand
and Alternatives Financial
Total Cost
MTC RECIPIENT Completion
Payment Match Date
88.4%
11.6%
$40, 000 $35,400 $4,600. Jan. 2006
Feasibility Draft Report
$45,000 $39,825 $5,'175
3 Deliverable #3a: Parking Demand
Analysis and Potential local TOD
Parking Policies
Deliverable #3b:
a
Workshop #2 Meeting Summary $35,000 $30,975 ..................... ..........................'
4 . Deliverable #4a: Station Access .
Public Improvement Design
Standards
Deliverable #4b: Workshop #3
Meeting Summary
$75,000 $66,375 $8,625
5 Deliverable #5: Project Progress
Report
$4,025
t k
6 4 Deliverable #6a: Draft Station. Area
Plan
Deliverable #6b: Workshop #4
Meeting Summary
Deliverable #6c: Final. Draft Station
Area Plan
7 1 Deliverable #7a: Station Area Plan,
General Plan Amendments, Zoning
Codes as adopted by City Council
Deliverable #7b: Final
Environmental. Impact Report as
adopted by City Council
$15,000 $1.3,025
$1,975
TOTAL $250,000 $221,000 $29,000
Feb. 2006
March
2006
April 2006
May, 2006
$40,000 $35,400 $4,600 July 2006
November
2006
MTC /Alameda Reuse and Redevelopment Authority
Funding Agreement for Station Area Plan.
Page l
CONTRACT APPROVAL SHEET
AGENCY: MTC
NAME OF CONTRACTOR /CONSULTANT: Alameda Reuse and Redevelopment Authority
- PROJECT TITLE: Alameda Point Station Area Plan
Original contract
WORK ITEM #:
ount
22 ,000
61 '1
SOLE SOURCE: Yes
No D
Project Manager:
Anna Young
Section Manager:
Advanced Systems
Applications Manager:
Indicate Adm n • Date of Admin.
or ED Approval Attach most recent .
Committee memo
POC 7/8/2005 NIA..
FISCAL YEARS: FY 2005 -06
REVIEW LIST
Doug Kimsey
N/A
Joel Markowitz
DBE Liaison: N/A
(Federai.funding only) Teri Green
Office of the General
Counsel:
Melanie J. Morgan/Cynthi a Segal
Deputy Director: Therese McMillan`
Deputy Director: Ann Flemer3
Work
Program Coordinator: Eva Sun
Manager of Finance: Brian Mayhew
Date:
Date:
Date:
Date:
Date:
Date:
Date:
Date:
Date:
Funding Source
STP Exchange
1 ASA review if indicated on contract chart (. :1 SECTION \ALLSTAFF\CONTRACT\Contraci Formats \FORMATS \Sign Sheet Contract.doc)
2 Reviews contracts from Planning, Finance, Programming & Allocations and Legislation & Public Affairs.
3 Reviews all contracts from all sections.
ATTACHMENT 2
FUNDING AGREEMENT
BETWEEN
THE ALAMEDA COUNTY TRANSPORTATION IMPROVEMENT AUTHORITY
AND
THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
for the
Transit Center Development Funds
for
ALAMEDA POINT STATION AREA PLAN PROJECT
AGREEMENT NUMBER: A05 -0046
This Agreement is made and entered into between the Alameda Reuse and
Redevelopment Authority, hereinafter referred to as "Project Sponsor," and the Alameda County
Transportation Improvement Authority, hereinafter referred to as " ACTIA," on October 27,
p P
2005.
SECTION I
RECITALS:
1) The voters of Alameda County, pursuant to the provisions of the Local Transportation
Authority and. Improvement Act, California Public Utilities Code Section 1 80000 et seq.,
approved the reauthorization of Measure B at the General Election held on November 7,
2000, thereby authorizing that ACTIA be given the responsibility to administer the
proceeds from the continued one -half cent transaction and use tax. The duration of the
tax will be 20 years from the initial year of collection that began April 1, 2002, with said
tax to terminate /expire on March 31, 2022.
2) This funding agreement is made in furtherance and in compliance with the Local
Transportation Authority and Improvement Act (California Public Utilities Code section
180000 et seq.). Measure B Sales Tax Funds spent pursuant to this funding agreement
will not replace funds previously provided by property tax revenues for public
transportation services.
3) The Metropolitan Transportation Commission ( "MTC ") has adopted, pursuant to MTC
Resolution 3434, a Transit - Oriented Development (TOD) Policy which makes certain
funds available for preparation of station area plans. Jurisdictions awarded grants under
Resolution 3434 must provide local matching funds.
4) MTC has awarded Project Sponsor a grant for two hundred twenty -one thousand dollars
($221,000) in STP Exchange Funds to implement this MTC Resolution 3434 project.
5) ACTIA and Project Sponsor, a public agency in ACTIA's jurisdiction, desire to enter into
this Funding Agreement ( "Agreement ") to implement an eligible project ("Project") to
I=:1 AdministrativelACTIMAgreenlents\Transit center dvpt\City of Alameda _ReuscRedevCommissionLTOD Funding Agreement A05 OO46.doc
ACTIA Transit Center Development Funds grant Agreement 4A05 -0046: City of Alameda
encourage residential and retail development near transit centers by providing the
required MTC Resolution 3434 local snatching funds in Alameda County.
NOW, THEREFORE, the parties agree as follows:
SECTION II
PROJECT SPONSOR OBLIGATIONS:
1) Project Sponsor will implement the Project in accordance with this Agreement and
Attachment A, Project Specific Information; and Attachment B, MTC Resolution
No. 3434 Agreement, which Attachments are hereby incorporated into this Agreement.
Within thirty (30) days after completion of the Project, Project Sponsor shall repay to
ACTIA any unspent Measure B funds. Project must be initiated within one year of the
ACTIA Award Date, as specified in Attachment A, and be completed within three years
of the ACTIA Award Date.
2
Project Sponsor will complete the Project in accordance with the budget described in
Attachment A and the following conditions:
A. The ACTIA funding obligation under this Agreement is limited to the Total
ACTIA Funds Awarded to Project as specified in Attachment A. Any Project
cost overruns are the sole responsibility of the Project Sponsor.
B. In the event that the Total Project Cost is less than the amount listed on
Attachment A, ACTIA may reduce the Total ACTIA Funds Awarded to Project.
Any reduction in ACTIA funding will maintain the percentage, listed on.
Attachment A, of Total ACTIA Funds Awarded to Total Project Cost.
C. Only those allowable Project costs incurred after the ACT1A Award Date, and up
to the completion or termination of the Project or the expiration of this
Agreement, whichever occurs first, are eligible for ACTIA funds.
D. Project Sponsor will contribute or expend those Non - ACTIA Funds as specified
in Attachment A. In the event the specified Non - ACTIA Funds are to be
contributed by a third party, whether identified by the ACTIA Award Date or not
yet identified, and the Project Sponsor does not receive all such funds, ACT1A
reserves the right to terminate this Agreement in whole or in part, or renegotiate
the terns and conditions hereof.
3) Within thirty (30) days after full execution of this Agreement, ACTIA shall pay to
Project Sponsor fifty percent (50 %) of the Total ACTIA Funds Awarded on Project.
4) Within thirty (30) days after receipt of a letter requesting final payment from the Project
Sponsor that includes documentation from MTC that it has accepted the Project Progress
Report as described in Attachment B, ACTIA will pay the remaining fifty percent (50 %)
of the Total ACTIA funds Award on Project.
F:1 Administrative \ACTIA\Agreements \Transit center dvpt\City of Alameda Reuse_RedevCommission_TOD Funding
Agreement_A05_0046.doc
011455.0001\757020. 2
ACTIA Transit Center Development Funds Grant Agreement #A05- 0046: City of Alameda
5) P
Project Sponsor will submit to ACTIA copies of all reports provided to MTC.
P
6)
The employment of Small Local Business Enterprises (SLBE) and Local Business
Enterprises (LBE) is encouraged, but not required. SLBE and LBE reporting is required,
in the report forrnat in Attachment C: Exhibit B, when the Project is receiving $25,000 or more in ACTIA funds and the ACTIA funds are used for a single consultant contract with
a value of more than $25,000. The Project Sponsor must also complete the SLBE and
LBE reporting form for all subconsultants, as detailed in Attachment C: Exhibit B.
7) p
Project Sponsor will keep all necessary Project records to document Project activities and
performance, including documentation of expenses and charges to support invoices
submitted to ACTIA and other Project reporting requirements as required by MTC.
Project Sponsor will allow ACTIA or its authorized representatives to inspect, audit, and
make copies of an Project records related to the performance of this Agreement. Project
P y t
Sponsor keep onsor will kee Project records in one central location for a period of one (1) year after
completion of the Project.
8) P
Project Sponsor will acknowledge ACTIA as a funding source and will use or display the
approved ACTIA logo so that it is visible to the public in any Project related media
events, articles, news releases, website or other publicity materials.
9) Project Sponsor will obtain all state, local and federal permits and approvals for work.
�
ProjJ ect Sponsor will comply with all applicable state and federal laws and regulations.
10) Project ect S onsor will require that professional services consultants, contractors and
Sponsor
subcontractors name ACTIA, its officers, employees and consultants as additional
insured on all insurance required by Project Sponsor for Project.
Project Sponsor will ensure that Alameda County citizens are informed about the Project
p
by doing the following:
A. Project Sponsor will promptly respond to information requests from ACTIA, and
p � the Citizens Watchdog Committee (CWC), as a means of informing the public of
the benefits being derived from the use of the Measure B funds.
B. P Project Sponsor will provide updated and accurate Project information on the
�
Project Sponsor's website, or create one if none exists, and provide a link to
ACTIA's website, in order to inform the public on how the Measure B funds are
being used in the County.
C. Project Sponsor will publish, at least once during the duration of this agreement, an article in ACTIA's quarterly newsletter, highlighting the Project.
F:\Adn incstrative\ACTIA\Agreements \r1 ransit center dvpt \City of Alameda_Reuse RedevCOmn1issio Funding
Agreement A05 0046.doc
011455.0001\757020.1 3
ACTIA. Transit Center Development Funds Grant Agreement #AO5 -0046: City of Alameda
12) Project Sponsor will, upon request from ACTIA, render a report or answer any and all
inquiries in regard to its receipt, compliance audit findings, and usage of its funds before
ACTIA's Governing Board, the CWC and the BPAC.
13) Project Sponsor will place in the public domain any software, written document,
intellectual property, process, technique or product developed with ACTIA funds as part
of the Project.
SECTION III.
ACTIA OBLIGATIONS:
1) ACTIA. will provide ACTIA funds not to exceed the Total ACTIA Funds Awarded to
Project, as listed in Attachment A.
2) ACTIA will provide timely notice prior to conducting an audit.
3) ,ACTIA. will provide a copy of its approved ACTIA logo.
SECTION IV
GENERAL PROVISIONS:
1) Term: This Agreement will remain in effect for forty (40) months after the ACTIA.
Board awards the grant, unless terminated as provided below.
2) Termination: If the Project Sponsor materially breaches this Agreement, including but
not limited to failing to meet the schedule without compelling reason, failing to file
required Progress Reports in the time specified by this Agreement, or failing to comply
with applicable regulations, ACTIA may either terminate this Agreement or suspend
payments to the Project Sponsor until such time as the Sponsor makes reasonable efforts
to comply with this Agreement.
ACTIA. may terminate this Agreement for default upon giving ten (10) days written
notice (or such other period of time authorized in writing by ACTIA) of such default to
Project Sponsor and Project Sponsor does not cure such default. ACTIA will reimburse
Project Sponsor for qualifying expenditures in full conformance with this Agreement
made until the effective date of the termination.
3
Indemnity: Project Sponsor will indemnify and hold harmless ACTIA, its officers,
employees, a agents, representatives, consultants, and successors-in-interest against any
� p
and all claims, suits or actions arising out of an act or omission of the Project Sponsor or
its employees, subcontractors or agents in the performance of this Agreement, except to
the extent such claim, suit or action arises out of the sole negligence or willful
misconduct of ACTIA. This indemnification will survive expiration or termination of
this Agreement.
F :\ Administrative \ACTIA \Agreen1entsVfransit center dvpt \City of Alameda1 ruse RedevCommission 'OD Funding
Agreement_A05_0046 doe
811455.0001\757020.1 4
ACTIA Transit Center Development Funds Grant Agreement 4A05.0046: City of Alameda
ACTIA shall indemnify and hold harmless Project Sponsor, its officers, employees,
agents, and successors -in- interest against any and all claims, suits or actions arising out
of a negligent act or omission by ACTIA in the performance of its duties under this
Agreement.
4) Notices: Any notice which may be required under this Agreement shall be in writing,
shall be effective when received, and shall be given by personal delivery service or first
class mail, to the addressees set forth in Attachment A, or to such addressees which may
be specified in writing by the parties.
5) Contacts: The persons listed as Contacts in Attachment A will be the first point of
contact and act as the liaisons between ACTIA and Project Sponsor with regards to the
day -to -day activities of the Project. All reports and correspondence are to be addressed to
the specified Contacts.
6) Project Number: All correspondence shall reference the ACTIA Project Number
specified in Attachment A.
7) Integration: This Agreement represents the entire agreement of the parties with respect
to the subject matter described in this Agreement, and no representation, warranties,
inducements or oral agreements have been made by any of the parties except as expressly
set forth herein.
S
Amendment: This Agreement may not be changed, modified, or rescinded except in
writing and signed by the parties hereto. Any attempt to modify this Agreement orally
will be void and of no effect. The ACTIA. and Project Sponsor Contacts as specified in
Attachment A may jointly authorize, in writing, any minor schedule revisions or changes
to the Project scope of work. Any other amendments to this Agreement must be executed
in writing by the signatories to this Agreement. Any change in Project scope of work
must be approved by ACTIA. prior to implementation of the change by the Project
Sponsor.
9) Independent Contractor: Project Sponsor and any party contracting with it renders its
service under this Agreement as an independent contractor. None of the Project
Sponsor's agents, subcontractors or employees shall be construed as agents or employees
of ACTIA. The legal relationship of an.y person performing services for the Project
Sponsor will be solely between that person and the Project Sponsor. This paragraph does
not apply to elected officials serving concurrently on the governing boards of both the
Project Sponsor and ACTIA.
10) Assignment: This Agreement may not be assigned, transferred, or subcontracted by any
party without the express written consent of the other party.
11) Severability: Should any part of this Agreement be declared unlawful, invalid, or
beyond the authority of either party to enter into or carry out, such decision shall not
affect the validity of the remainder of this Agreement which shall continue in full force
and effect; provided that, the remainder of this Agreement can, absent the invalid
portion(s), reasonably be interpreted to give effect to the intentions of the parties.
F:1 Administrative \ACTIA\Agreements \Transit center dvpt\City of Alameda Reuse RedevComnhission_ToD Funding
Agreement A05 0046.doc
01 1455.000 11757020.1 5
ACT1A Transit Center Development Funds Grant Agreement #A()5- 0046: City of Alameda
12) Effective Date: The effective date of this Agreement is the date the ACTIA Board
approves the grant award.
13) General Compliance with. Laws: The performance of this Agreement and the
expenditure of ACTIA funds received under this Agreement will be in accordance with
all applicable provisions of local and state law.
14) Force Majeure: Neither ACTIA nor Project Sponsor shall be liable or deemed to be in
default for any delay or failure in performance under this Agreement or interruption of
services, directly or indirectly, from the acts of God, civil or military authority, acts of
public enemy, war, strikes, labor disputes, shortages of suitable parts, materials, labor or
transportation, or any similar cause beyond the reasonable control of ACTIA or Project
Sponsor.
15) Governing Law: This Agreement shall be construed and interpreted and the legal
relations created thereby shall be determined in accordance with the laws of the State of
California.
16) Binding on Successors: All of the terms, provisions and conditions of this Agreement
will be binding upon and inure to the benefit of the parties and their respective
successors, assigns and legal representatives.
17) Attorneys' fees: if any legal proceeding should be instituted by either of the parties to
enforce the terms of this Agreement or to determine the rights of the parties under this
Agreement, the prevailing party in said proceeding will recover, in addition to all court
costs, reasonable attorneys' fees.
F: lAdministrativc 1AC'-1A1Agreements \Transit center dvpt\City o1` Alameda Reuse_RedevConnmissian_TOD Funding
Agrecment_A()5 0046.doc
011455,00011757020.1 6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly
authorized officers.
ACTIA will make a good faith effort to provide all funds set forth in this AGREEMENT.
ALAMEDA REUSE AND
REDEVELOPMENT AUTHORITY
ALAMEDA COUNTY
TRANSPORTATION IMPROVEMENT
AUTHORITY (ACTIA)
By: By:
Name: Debra Kurita, Executive Director Roberta Cooper, ACTIA Chas
Alameda Reuse and Redevelopment Authority,
Department of Development Services, 950
West Mali Square, Alameda, CA 94501
Approved as to Legal Form:
Recommended:
By:
Christine Monsen, Executive Director
Approved as to Lepa.
By: By:
Name: Name:
Counsel Wendel, Rosen,
ACTIA Counsel
Form:
Attest:
By:
ack & Dean LLP
Trudye Johnson, Clerk of ACTIA
I= :\ Administrative \ACTtA \Agreements \Transit center dvpt\City of Alameda Rcusc_ RedevCorninission_TOD Funding Agreement_AO5_0046.doc
ATTACHMENT A
PROJECT SPECIFIC INFORMATION
Project Sponsor: Alameda Reuse and Redevelopment Authority
Project Name: Alameda Point Station Area Plan
ACTIA Project Number: A05 -0046
ACTIA Award Date: October 27, 2005
Total ACTIA Funds Awarded to Project: V 5,4 5
Total Project Cost: S250,000
Non - ACTIA Funds: $225,585
Source, MTC Resolution No 3434 —SIP Exchange Funds
Percentage Total ACTIA Funds Awarded to Project /Total Project Cost: 1 l.5`/
Project Sponsor Contact:
Debra Kurita, Executive Director
c/o Elizabeth Johnson,
Alameda Reuse and Redevelopment Authority,
Department of Development Services, 95) West Mali Square, Alameda, CA 94501
510 - 749 -5903
ACTIA Contacts:
Tess Lengycl
ACTIA
426 17th Street, Suite 100
Oakland, CA 94612
510 -893 -3347
F;111ciministrative\ACTIA \A zreciiicnts\ r-atisit center dvpt \City of Alameda Reuse ZecdevCo iniission 'COLD ;t ding Agreement,,, A _O()46 doc
ATTACHMENT B
MTC RESOLUTION NO. 3434 PROJECT
FUNDING AGREEMENT FOR. STP EXCHANGE FUNDS
(ATTACHMENT B of this agreement is the same as ATTACHMENT 1 of the staff
report. Please refer to ATTACHMENT 1)
I::1 Adnninistrative \ACTIA\Agreemenis\ rafsit center dept \Ci €y of Alameda Reuse_RedevComni ssion_ 'OD Funding Agreerent_A()5_OO46,doc
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Project Manager's Assurance: