Resolution 14213 and CIC 08-156E
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CITY OF ALAMEDA RESOLUTION NO. 14213
APPROVING AND AUTHORIZING EXECUTION OF A SECOND AMENDMENT OF
THE DISPOSITION AND DEVELOPMENT AGREEMENT (ALAMEDA LANDING
MIXED USE PROJECT) WITH PALMTREE ACQUISITION CORPORATION
WHEREAS, on December 5, 2006, the City of Alameda, pursuant to
Resolution No. 14050, made certain findings and determinations pursuant to Section
33445 of the Community Redevelopment Law and approved the Disposition and
Development Agreement (Alameda Landing Mixed Use Project) ( "Alameda Landing
DDA ") with Palmtree Acquisition Corporation ( "PAC "); and
WHEREAS, on December 6, 2006, the CIC, pursuant to Resolution No. 06-
148, authorized the Executive Director to execute the Alameda Landing DDA with
PAC; and
WHEREAS, the CIC and PAC executed the Alameda Landing DDA on July
20, 2007; and
WHEREAS, on December 4, 2007, the CIC, pursuant to Resolution No. 07-
151, authorized the Executive Director to execute a First Amendment to the Alameda
Landing DDA with PAC ( "First Amendment "); and
WHEREAS, on December 4, 2007, the City, pursuant to Resolution
No. 14162, approved the First Amendment; and
WHEREAS, the CIC and PAC executed the First Amendment on December 4,
2007; and
WHEREAS, on June 3, 2008, following notice duly and regularly given as
required by law, the CIC and the City Council held a joint public hearing on a Second
Amendment to the Alameda Landing DDA ( "Second Amendment') and related
documents, and heard all interested persons expressing a desire to comment
thereon or object thereto.
NOW, THEREFORE BE IT RESOLVED, that the City Council finds the
proposed Second Amendment to be consistent with the Business and Waterfront
Improvement Project, including the Mixed Use Land Use Designation, and the City of
Alameda General Plan.
BE IT FURTHER RESOLVED, that the City Council hereby approves the
Second Amendment in substantially the form on file with the City Clerk's office,
subject to any minor conforming, technical or clarifying changes approved by the
Executive Director of the CIC and CIC Counsel.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Special
Joint City Council, Alameda Public Financing Authority and Community Improvement
Commission meeting on the 3rd day of June, 2008, by the following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 4th day of June, 2008.
c� w
Lara Weisiger, City Cle
City of Alameda
COMMUNITY IMPROVEMENT COMMISSION
OF THE CITY OF ALAMEDA RESOLUTION NO. 08 -156
AUTHORIZING THE EXECUTIVE DIRECTOR TO ENTER INTO A SECOND
AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT
(ALAMEDA LANDING MIXED USE PROJECT) WITH PALMTREE
ACQUISITION CORPORATION
WHEREAS, on December 6, 2006, the Community Improvement
Commission ( "CIC "), pursuant to Resolution No. 06 -148, authorized the
Executive Director to execute the Disposition and Development Agreement
(Alameda Landing Mixed Use Project) ( "Alameda Landing DDA ") with Palmtree
Acquisition Corporation ( "PAC "); and
WHEREAS, the CIC and PAC executed the Alameda Landing DDA on
July 20, 2007; and
WHEREAS, on December 4, 2007, the CIC, pursuant to Resolution No.
07 -151, authorized the Executive Director to execute First Amendment to the
Alameda Landing DDA ( "First Amendment "); and
WHEREAS, the CIC and PAC executed the First Amendment on
December 4, 2007; and
WHEREAS, on June 3, 2008, following notice duly and regularly given as
required by law, the CIC and the City Council held a joint public hearing on the
Second Amendment to the Alameda Landing DDA ( "Second Amendment ") and
related documents, and heard all interested persons expressing a desire to
comment thereon or object thereto, and considered the Second Amendment;
and
WHEREAS, the CIC has determined that by amending the Alameda
Landing DDA, the CIC will further encourage the productive use and
redevelopment of underutilized former military base property.
NOW, THEREFORE BE IT RESOLVED, that the CIC finds the proposed
Second Amendment to be consistent with the Business and Waterfront
Improvement Project, including the Mixed Use Land Use Designation, and the
City of Alameda General Plan.
BE IT FURTHER RESOLVED, that the CIC hereby authorizes the
Executive Director to enter into a Second Amendment to the Alameda Landing
DDA with PAC substantially in the form and containing the terms and
conditions and covenants as set out in the Second Amendment to the Alameda
Landing DDA on file at the City Clerk's office, subject to any minor conforming,
technical or clarifying changes approved by the Executive Director and CIC
Counsel. The Executive Director and Secretary of the CIC are hereby further authorized
and directed to take such further actions and execute such documents as are necessary to
carry out the Alameda Landing DDA, as amended by the First Amendment and, as
amended by the Second Amendment on behalf of the CIC.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Community Improvement Commission of the City of
Alameda in a Special Joint Meeting of the City Council, Alameda Public Financing Authority
and Community Improvement Commission meeting on the 3rd day of June, 2008, by the
following vote to wit:
AYES: Commissioners deHaan, Gilmore, Matarrese, Tam
and Chair Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said
Commission this 4th day of June, 2008.
Beverly Joh
Community Imp
vement Commission
Lara Weisiger, Secreta
Community Improvemen ommission