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