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Resolution 14213E u. 0 co co "0 a) 0 a a a 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