CIC Resolution 08-156COMMUNITY 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
(A(ameda 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, 1 have hereunto set my hand and affixed the official seal of said
Commission this 4th day of June, 2008.
Beverly Johnso
Community li,pro
m, Commission
Lara Weisiger, Secreta
Community I mproveme Commission