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Ordinance 2772CITY OF ALAMEDA ORDINANCE NO. 2772 New Series APPROVING AND AUTHORIZING THE SALE OF 10.28 ACRE PARCEL , APN 074-1339-32- LOCATED WITHIN THE HARBOR BAY ISLE BUSINESS PARK TO HARBOR BAY ISLE ASSOCIATES WHEREAS, the City of Alameda is the owner of a 10.28 acre parcel , APN 074-1339-32- located within the Harbor Bay Isle Business Park; and WHEREAS , the City of Alameda purchased the propert in December , 1993 , from Harbor Bay Isle Associates , a general partnership, using funds from Assessment District 92-1 (HarboJ Bay Isle Business Park); and WHEREAS, Harbor Bay Isle ssociates , the former owner , has submitted an offer to repurchase the property for the original price plus the City s out of pocket carrying costs calculated from the original 1993 purchase though the close of escrow; and WHEREAS , said real propert is no longer required by the City of Alameda for municipal purposes and it would be in the public interest to convey said propert back to the original owner Harbor Bay Isle Associates; and WHEREAS , Harbor Bay Isle Associates , has submitted a purchase offer of $2 819 980 for the parcel , which reflects today s market value of the propert plus full reimbursement for all carring costs (including paid assessments) on the parcel that the City of Alameda has incurred from December 1993 up to the opening of escrow; and WHEREAS , Harbor Bay Isle Associates has agreed to reimburse the City an additional amount for carrying costs incurred by the City between opening of escrow and the close of escrow; and WHEREAS , Harbor Bay Isle Associate s offer of $2 819 980 (less closing costs , including seller s title insurance and transfer tax), plus additional reimbursement for carrying costs from opening of escrow up through the close of escrow , would be deposited into the Assessment District 92-1; and WHEREAS , pursuant to City Charter section 3-, no real property of the City shall be leased for a period in excess of one year or sold , except upon the affirmative vote of four members of the City Council. NOW , THEREFORE , BE IT ORDAINED by the Council of the City of Alameda and upon the affirmative vote of four members that: Section I.The City Manager of the City of Alameda, be , and is hereby authorized to execute the Purchase and Sale Agreement in a form substantially similar to that Purchase and Sale Agreement on file in the office of the City Clerk, for and on behalf of the City of Alameda, the sale of the 10.28 acre parcel , APN 074-1339-32-, located within the Harbor Bay Isle Business Park for a purchase price of no less than $2 8 19.980 , plus reimbursement for carring costs incurred by the City ITom the opening of escrow through the close of escrow, (less closing costs , including seller title insurance and transfer tax). Section 2.This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Attest: City Clerk ****** , the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and p sed by the Council of the City of Alameda in regular meeting assembled on the 21st day of July,1998 , by the following vote to wit: AYES:Councilmembers Daysog, DeWitt, Lucas and President Appezzato - 4. NOES:None. ABSENT:Councilmember Kerr - 1. ABSTENTIONS:None. IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of said City this 22nd day of July 1998. Diane Felsch , City Clerk City of Alameda