Ordinance 2797CITY OF ALAMEDA ORDINANCE NO. 2797
New Series
APPROVING AN AUTHORIZING EXECUTION OF AN AMENDMENT TO
THE DEVELOPMENT AGREEMENT DATED APRIL 4 , 1989 BETWEEN THE
CITY AN HAROR BAY VILLAGE FOUR ASSOCIATES , HAROR BAY
VILLAGE FIVE ASSOCIATES AN HAROR BAY ISLE ASSOCIATES , TO
DELETE TH REQUIMENT FOR A RESTRICTED GATEWAY AT TH END
OF MECARTNY ROAD
WHREAS , the City of Alameda, Harbor Bay Isle Associates , Harbor Bay Village
Four Associates , and Harbor Bay Vilage Five Associates (collectively "HBI") entered into
a Development Agreement effective April 4, 1989 ("Agreement"); and
WHEREAS , the City and HBI desire to amend the Agreement.
NOW, THEREFORE, BE IT ORDAID by the Council of the City of Alameda
that:
Section 1.Section 2.HB Martime Docking Facility.(pages 30-31) ofthe
1989 Development Agreement between the City of Alameda and Harbor Bay Isle
Associates , Harbor Bay Village Four Associates , and Harbor Bay Vilage Five Associates
is hereby amended as follows:
City hereby acknowledges and agrees that prior to initiation of ferr
service , MeCartney Road wil be extended to its terminus at the Bay.
Prior to the initiation of ferr service, HBIA wil provide , and shall have
the right to relocate from time to time , a temporar access road through the
Business Park propert connecting Harbor Bay Parkway at its curent
terminus to the Martime Docking Facilty. Upon development of the
Business Park propert between Harbor Bay Parkway and the Martime
Docking Facility, HBIA will provide for a permanent access roadway to
the Martime Docking Facility through the Business Park Property. City
acknowledges and agrees that HBIA has fulfilled its obligations to restrict
traffc access to the Martime Docking Facility required by the City in its
conditions of approval and the original Development Agreement by
providing access to the Martime Docking Facility during the first five
years of public passenger ferr service for residents ofB y Farm Island
through a restricted gateway a the end of the extended MeCarey Road
and that access to the Martime Docking Facility for all others was by way
of Harbor Bay Parkway through the Business Park propert. After a test
period commencing in July 1997 durng which the traffc control gates
were held open, City acknowledges and agrees that as of April 2 , 1999 , the
restricted gateway may be removed.
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Section 2 The above amendment shall be known as and referenced to as
Amendment No.2 to the above referenced Development Agreement.
Section 3 The City Manager of the City of Alameda be , and is hereby
authorized to execute , for and on behalf of the City of Alameda, the Amendment to the
Development Agreement substantially in the form and containing the terms and conditions
and covenants as set out in the Second Amendment to Development Agreement, attached
hereto as Exhibit A.
Section 4.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:
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When recorded. retUrn to:
Ilarbor Bay Isle Associates
I J 4 J Harbor Bay Park\\ay. 2nd Floor
Alameda. CA 94502
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT ("Second
Amended Agreement") is entered into and effective this
1999 , by and between the CITY OF ALAMEDA , A MUNICIPAL CORPORATION ("City
HARBOR BAY ISLE ASSOCIATES , a California general parnership ("HBIAtI ), HARBOR
BA Y VILLAGE FOUR ASSOCIATES , a Californa limited parnership ("HBVFour ), and
HARBOR BAY VILLAGE FIVE ASSOCIATES , a California limited parnership ("HBVFive
HBIA , HBVFour and HBVFive are collectively refened to herein as the "Harbor Bay Entitic,).
WHEREAS , City and the Harbor Bay Entities entered into that certain Development
Agreement dated April 4 , 1989 and recorded in the Official Records of Alameda County,
California on April 24. 1989.
WHEREAS , City and the Harbor Bay Entities entered into that certain Extension and
Modification Agreement dated December 20 , 1989 (tl First Amended Agreement ) which
extended certain dates in the original Development Agreement for commencement of
improvements.
WHEREAS , City and the Harbor Bay Entities wish by this Second Amended Agreement
to further amend the Development Agreement by amending Section 2.7 thereof to delete certain
restrictions on traffc access to the Maritime Docking Facility at the terminus of MeCarney Road
at the Bay.
NOW. THEREFORE. in consideration of the mutual promises and obligations contained
herein. the parties agree as follows:
Exhibit A
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1. The second paragraph of Section 2.7 of the Development Agreement entitled
Maritime Docking Facilitv is hereby amended so that hereafter it shall read as follows:
City acknowledges and agrees that prior to initiation of ferr service. MeCartney
Road will be extended to its terminus at the Bay. Prior to initiation of ferr
service. HBIA will provide , and shall have the right to relocate from time to time
a temporary access road through the Business Park Property connecting Harbor
Bay Parkway at its current terminus to the Maritime Docking Facility. Upon
development of the Business Park Property between Harbor Bay Parkway and the
Martime Docking Facility, HBIA wil provide for a permanent access roadway to
the Maritime Docking Facility through the Business Park Property. City
acknowledges and agrees that HBIA has fulfilled its obligations to restrict traffic
access to the Maritime Docking Facility required by the City in its conditions of
approval and the original Development Agreement by providing access to the
Maritime Docking Facility during the first five years of public passenger ferr
service for residents of Bay Farm Island through a restricted gateway at the end of
the extended MeCartney Road , and that access to the Maritime Docking Facility
for all others was by way of Harbor Bay Parkway through the Business Park
property. After a test period commencing in July of 1997 during which the traffic
control gates were held open, City acknowledges and agrees that as of April 2
1999. the restricted gateway may be removed. "
2. All the other terms and conditions of the Development Agreement remain unchanged
and in full force and effect.
IN IFITVESS WHEREOF. City and the Harbor Bay Entities have executed this SECOND
AMENDMENT TO DEVELOPMENT AGREEMENT consisting of four (4) pages on the dates
below and agree that this Second Amended Development Agreement is effective as of the day
and year first above written.
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City:THE CITY OF ALAMEDA , a California municipal corporation
By:
Its:
Date:
12 7-'
Alameda City Attorney
APPROVED AS TO FORM:
CLERK ATTEST:
Alameda City Clerk
HBIA: HARBOR BAY ISLE ASSOCIATES
a California general partnership
By: Doric Development , Inc., a California corporation
Its General Partner
By:
Its:
Date:
HBVFour:HARBOR BAY VIL..AGE FOUR ASSOCIATES
a California limited parnership
By: Doric Development. Inc., a California corporation
Its General Par1ner
By:
Its:
Date:
- 3
HBVFive:HARBOR BAY VILLAGE FIVE ASSOCIATES
a California limited parnership
By: Harbor Bay Residential Associates , a California limited partnership
Its General Parner
By: HB Development , Inc., a California corporation
Its General Partner
By:
Its:
Date:
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the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted
and passed by the Council of the City of Alameda in regular meeting assembled on the 16th day
of March , 1999 , by the following vote to wit:
AYES:Councilmembers Daysog, DeWitt , Johnson , Kerr and
President Appezzato - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affxed the official seal of said City
this 17th day of March , 1999.
D a e Felsch, City Clerk
City of Alameda