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Ordinance 2874CITY OF ALAMEDA ORDINANCE NO. 2874 APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF ALAMEDA AN THE ALAMEDA UNIFIED SCHOOL DISTRICT TO RELOCATE AN REDUCE THE PROPERTY TRANSFERRD TO THE DISTRICT FOR THE PROPOSED SCHOOL SITE ON THE FORMER FISC/EAST HOUSING PROPERTY WHEREAS, Ordinance No. 2828 , adopted by the City of Alameda City Council on March 29 2000 , authorized execution of an Agreement Between Alameda Unified School District and the City of Alameda resolving various issues and disputes regarding fees and property interests; and WHEREAS, such Agreement provided that the City would transfer , at some date in the future , approximately eight (8) acres located at the comer of the proposed Fifth Street and Tinker Avenue Extension to the District for the construction of an elementary or middle school; and WHEREAS, the City of Alameda and the Alameda Unified School District desire to modify the Agreement on the tenns and conditions set forth in the attached Amendment to reduce the size ofthe proposed property transfer to seven (7) acres and relocate the site closer the center of the East Housing site. NOW , THEREFORE , BE IT ORDAID by the Council of the City of Alameda that: Section 1 . The City Manager or his designee is hereby authorized to execute , for and on behalf on the City of Alameda , the Amendment to Agreement substantially in the fom1 and containing the tenns and conditions and covenants as set out in the Amendment to Agreement attached hereto. Section 2 . All other provisions of the original Agreement Between Alameda Unified School District and the City of Alameda will remain in full force and effect. Attest: HNo. WlA City Clerk ! . AMENDMENT TO AGREEMENT This Amendment of the Agreement, entered into this day of 2001 , byand between the CITY OF ALAMEDA , a municipal corporation (hereinafter "City") and theAlameda Unified School District ("District") a political subdivision of the state of California , ismade with reference to the following: RECITALS:A. On March 28 2000 , an agreement was entered into by and between City and Distrct (hereinafter "Agreement" herein. City and District desire to modify the Agreement on the terms and conditions set forth NOW, THEREFORE , it is mutually agreed by and between and undersigned paries as follows: Paragraph 5.3 ("Conveyance ofPBC Parcels ) is modified to read as follows: With a reasonable time period (not to exceed 90 days) after receiving title from the US. Governent and afer the parcels have be created by the subdivision process , the City shall conveyapproximately seven (7) acres of land at the FISC Propert (as shown on Exhbit "l ") andapproximately twelve (12) acres of land at ANAS (as shown on Exhbit "F" hereinafter ("PBCParcels). Transfer of the PBC Parcels shall be made by quit claim, without representations or waranties by the City. The City wil tranfer whatever interest , if any, is received from the United States , provided that if the City thereafter acquires a fee title or other superior title , City shall conveysuch fee title or superior interest to the District." 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF , the paries hereto have caused this modification of Agreement to be executed on the day and year first above wrtten. ALAMEDA UNFIED SCHOOL DISTRICT CITY OF ALAMEDA A Municipal Corporation Alan K. Nishino Superintendent of Schools James M. Flint City Manager APPROVED AS TO FORM: City By David Brandt Assistant City Attorney (;' 1'1;\ \IN I N(,'/\ DM IN! 'O"TI,/\CT 200 1';\ IJS i )(TIA /\ M /J , the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in an adjourned regular meeting assembled on the 2nd day of January, 2002 by the following vote to wit: AYES:Councilmembers Daysog, DeWitt , Johnson, Kerr, and Mayor Appezzato - 5. NOES:None. ABSENT:Nonc. ABSTENTIONS:None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 3rd day of January, 2002. .' Lara Weisiger , City Clerk City of Alameda