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2002-12-04 ARRA PacketAGENDA Regular Meeting of the Governing Body of the Alameda Reuse and Redevelopment Authority * * * * * * ** Alameda City Hall Council Chamber, Room 390 2263 Santa Clara Avenue Alameda, CA 94501 1. ROLL CALL 2. CONSENT CALENDAR Wednesday, December 4, 2002 Meeting will begin at 5:30 p.m. City Hall will open at 5:15 p.m. 2 -A. Recommendation to authorize the Executive Director to approve a contract amendment with William A. Barnes in the amount of $110, 240 for consulting services and master planning in-the development of Alameda Point. 2 -B. Recommendation to authorize the Executive Director to execute a First Amendment to Alameda Point Property Management Agreement with Alameda Point Community Partners adding the Northwest Territory to the Agreement. 3. ACTION ITEMS None. 4. ORAL REPORTS 4 -A. Oral report from APAC. 4 -B. Oral report from the Executive Director (non- discussion items). 5. ORAL COMMUNICATIONS, NON- AGENDA (PUBLIC COMMENT) (Any person may address the governing body in regard to any matter over which the governing body has jurisdiction that is not on the agenda.) 6. COMMUNICATIONS FROM THE GOVERNING BODY 7. ADJOURNMENT TO CLOSED SESSION OF THE ARRA TO CONSIDER CONFERENCE WITH REAL PROPERTY NEGOTIATOR: 7 -A. Property: Negotiating parties: Under negotiation: Alameda Naval Air Station ARRA, Navy and Alameda Point Community Partners Price and Terms ARRA Agenda - December 4, 2002 Page 2 This meeting will be cablecast live on channel 15. The next regular ARRA meeting is scheduled for Thursday, January 2, 2003. Notes: . • Sign language interpreters will be available on request. Please contact the ARRA Secretary, Lucretia Akil at 749- 5800 at least 72 hours before the meeting to request an interpreter. • Accessible seating for persons with disabilities (including those using wheelchairs) is available. • Minutes of the meeting are available in enlarged print. • Audio tapes of the meeting are available for review at the ARRA offices upon request. Alameda Reuse and Redevelopment Authority Interoffice Memorandum November 25, 2002 TO: Honorable Members of the Alameda Reuse and Redevelopment Authority FROM: James M. Flint, Executive Director 2 -A SUBJ: Recommendation to Authorize the Executive Director to Approve a Contract Amendment with William A. Barnes in the Amount of $110,240 for Consulting Services and Master Planning in the Development of Alameda Point BACKGROUND In March, 2002, William A. Barnes joined the City's Master Developer negotiating team as a resource person to help evaluate the business implications and strategy aspects of the development disposition and proposals being discussed between the ARRA and Alameda Point Community Partners (APCP). The initial contract, in the amount of $42,240 needs to be amended to add additional funding and expand the scope of services. At this time, staff is recommending an amendment that will focus on any long -term conditions and implications of the proposed transactions within the negotiation process (a copy of the original contract is on file in the City Clerk's office). Mr. Barnes has significant experience in overseeing complex real estate projects and negotiating deals which ensure lasting benefits for the community. DISCUSSION Mr. Barnes will provide to the ARRA consulting services in the area of master planning, development of a business plan for the redevelopment project with a focus on the deal structure. He has worked as a private developer and in government organizations involving complex land use transactions. He is familiar with the needs and constraints of both the ARRA and APCP and will assist in moving the negotiation process through its varying deal points. Mr. Barnes will work with City staff to ensure that both parties have the opportunity to achieve their development objectives. FISCAL IMPACT Pursuant to the January 2, 2002 Exclusive Negotiating Agreement between the City /ARRA and Alameda Point Community Partners (APCP), these consultant costs in the amount of $110,240 are fully reimbursable through cost recovery (as was the previous contract). Therefore, there is no fiscal impact to the ARRA or City budget. Dedicated to Excellence, Committed to Service Honorable Members of the November 25, 2002 Alameda Reuse and Redevelopment Authority Page 2 RECOMMENDATION It is recommended that the ARRA Governing Body authorize the Executive Director to approve the attached contract amendment with William A. Barnes in the amount not to exceed $110, 240, per Exhibit "A" of the consultant agreement. Respectfully submitted, James M. Flint Executive Director By.' Deputy Executive Director JF/DY/DP /LA Attachments: Consultant Agreement — William A. Barnes Dedicated to Excellence, Committed to Service G: \Comdev \Base Reuse& Redevp\ARRA\STAFFREP\ 2002 \AndyBarnes.Contract.120402.DGC AMENDMENT TO AGREEMENT This Amendment of the Agreement, entered into this 4th day of December, 2002, by and between ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY (hereinafter referred to as "ARRA ") and William a. Barnes, a sole proprietor, DBA BARNES AND COMPANY, whose address is 650 Delany Street, #204, San Francisco, CA 94107, (hereinafter referred to as "Consultant "), is made with reference to the following: RECITALS: A. On May 17, 2002, an agreement was entered into by and between ARRA and Consultant (hereinafter "Agreement "). B. ARRA and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 3 ( "Compensation to Consultant ") of the Agreement is modified to read as follows: "Consultant shall be compensated for services performed pursuant to this Agreement in the amount not to exceed $42,240.00 in total for services through October 31, 2002 and in the amount not to exceed $8,500.00 per month/$68,000.00 in total for the period November 1, 2002 through June 30, 2003, subject to the terms and rates described in Exhibit "A ". Payment shall be made by checks drawn on the treasury of the ARRA, to be taken from the ARRA fund ". 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 parties hereto have caused this modification of Agreement to be executed on the day and year first above written. BARNES AND COMPANY ALAMEDA REUSE & REDEVELOPME T THORITY William A. Barnes Jame. M. Flint City anager RECO APPROVAL: Doug Yount Acting Development Services Director Deputy City Manager, AP Negotiations APPROVED AS TO FORM: /--2^ ^--~— Teresa Highsmith Assistant City Attorney May 08 02 11 :08p W. Anderson Barnes 415 882 -4500 p Barnes and Company March 22, 2002 Mr. James M. Flint City Manager Office of the City Manager City of Alameda 2263 Santa Clara Ave., Room 320 Alameda, CA 94501 Exhibit "A" Dear Jim: au and Carol recently and learn mom about the plans for It was a pleasure to meet y 'redevelopment of Alameda Point_ • your negotiating testa as an advisor, As we discussed, 1 think 1 can be helpful to Qu�vaitakate the business itnplicatious and sounding hoard and resource person to �iP Y oat develop strategy aspects of the proposals being discuss d with A.PCP and help Y responses, where needed- Pact of this work would be to review for overseeing the longer - under discussioo, as required. Your goal of providing a means "the g test of timer term implications of the proposed trtasactions to ensure that is for as City ten years time" from is very foresightful. So is your goal to provide lasting h1 and promising now and beyond. I would enjoy working with you on this challenging project. Having worked with numerous private developers and goverluuent organizations involved in complex land use transactions, I am quite familiar with the special needs and constraints of both parties and can help to find an appropriate "middle ground" where opportunity both patties have tide. to achieve their legitimate objectives. Like yourself, I am wary of one -sided arrangements, deals that will result in hidden but suhstantial costs for the City later in tbue, or deals that permit one sided "cherry picking" without incremental benefits gained for the City in exchange for incremental gains for the developer consortium The challenge as you know, is to keep an open mind, explore as much flexibility as possible w at the creative options with the developer, maintain while dal t,�rds, and other constraints same time keeping the City's and developer's goals, special a and h c discussed, in mind_ This requires' both parties to ge each other's expectations, and to periodically "check-in" regarding where and bow their goals are congruent where they may not be. I propose to make xny services available to you and the City on an hourly basis with the expectation that you may need me to attend meetings, participate in conference calls or read documents approximately four hours per week or roughly two work days per month. hour minimum ' t to a tell My current hourly rate for public clients is S220 per hour, subject Hunts and Our M;n, rr udar o (rnu r Suite 86U Cwa*p ■.�y San Frnncisc°, i:A94111 415.389.160 Fax 415.392.0112: • tray 08 02 11:0Sp W. Anderson 8ar^nes 415 882 -4500 each four week period and with an initial deposit of S3,000. if you wish to discuss a different structure, please feel free to call me at 415 882 -1600. Jim, it was a pleasure to meet and talc with you last work and 1 look forward to the possibility of working with you. William. A. Barnes WAB:cb CC: Ms. Carol Korade, City Attorxzey p. 11 MIMS 1NTERNH11UNHL I-ax :41029b1(41 May 20 '02 12 :54 ACORD CERTIFICATE OF LIABILITY INSURANCE cs* $P ARNA -1 DATE(MWOOIrr) 05/17/02 PRODUCER MIMS INTERNATIONAL, LTD. 901 DULANEY VALLEY RD M 610 TOWSON TIO 21204 Phone:410- 296 -1500 Fax :410 - 296 -1741 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE MISURED S AND COMPANY Wi lzaal A. Saxnee& 650 Delancey Street it 204 San Francisco CA 94107 { INSURER A: THE HARTFORD INSURER B: PHILIADBLPFiIA INSURANCE CO. INeuRERC: +&Auto. INSURER E; OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED ED NAMED ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ABOVE FOR THE POUCY RESPECT TO WHICH TO ALL THE TERMS, POr.ICY EF CTNE DATE {N�, PERIOD INDICATED. /He CERTIFICATE MAY EXCLUSIONS AND CONDITIONS POUL"Y t"e'kPtRAtiON DATE (MAIrDD/YY) NOTWITHSTANDING BE ISSUED OR OF SUCH LIMITS 1LTR TYPE Of INSURANCE POUCY NUMBER A GENERALLIABKITY COMMERCIAL GENERAL LIABILITY 30 SBA BI9026 05/17/02 05/17/03 EACH OCCURRENCE $1 000,000 X FIRE MMAGE (My orlon re) 5300 , 000 1 CLAIMS MADE E3 OCCUR ?4 EXP(Anypneperson) 510,00o PERSONAL &ADVMUM/ $ 1,000,000 GENERAL AGGREGAYE S2,000,000 GEN�I. — AGGREGATE METAPPLIESPER: paticy[1 n LOC PRODUCTS - COMP'OPA0O $ 2,000, 000 A AUTOMOUtLE LABNTY ANY AUTO ALL OWNED AUTOS SCHEOULED AUTOS - HIRED AUTOS NON -OWNED AUTOS 30 SBA B19026 05/17/02 05 /17 /03NpEIMIGLELIMIT S1,000,000 —` BOOBY INJuRy (Per person) $ r _ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per pttideM) $ GARAGE LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT $ OTHER THAN EA ACC 5 AUTO ONLY ACC $ EXCESS LIASILTT ' OCCUR El CLAIMS MADE DEDUCTIBLE RETENTION 5 EACH OCCURRENCE $ AGGREGATE $ $ 5 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY MAY1UMITSI DER. E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ S.L. DI EASE • PO LIt,W LI MIT 5 B OTHER ERRORS & OMISSIONS PESD029088 05/17/02 05/17/03 EA. CLAIM $1,000,000 AGGRECATE 51,000,000 DESORIPTION OF OPERATIONSA.00ATIONS IEHICLES/EXCLUSION$ ADDED 8Y ENDORSEMENTJSPEWAL PROVISIONS City of Alameda, California, City Council of Alameda, CA, Boards, Commissions, Officers and Employees of the City of Alameda, CA Alameda Reuses and Redevelopment Authority are listed as Additional Insured under the 9 ca6`r� r General Liability only as their interest may appear. Waiver of subrogaetv+r (� `L applies. - ) • LDER 1 N MOTIONAL INSURED; INSURER LETTER: -- CANCELLATION AILAMEDA City of Alameda DeVe1 opulent C Se rvicost rJOpt . City Hall West 950 W. Mall Sq. 2nd. Floor Alameda CA 94501 -7552 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE GEL YED : EFORE THE EXPIRATION DATE THEREOF, THE iSsUINQ INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR LIABILITY OF ANY HIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Kimberly A. Rossi ©ACORD CORPORATION 1988 MIMS INTERNATI Fax :4102961741 May 20 '02 12:54 P.02 ACQRD INSURANCE BINDER CSR SF DATE 05)17/02 FORM. COINS % THIS BINDER IS A TEMPORARY B4SURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS PRODUCER ! Pa,Nlb..„. 410- 296 -1500 - 'a-- COMPANY PHILADELPHIA INSURANCE CO. BINDER* 3031 47.0 - 296 MIMS INTERNATIONAL, LTD. 501 DULANEY VALLEY RD # 61D TOWSON ND 21204 Kimberly A. Lossi EFFECTIVE OATS TIME EXPIRATION DATE TIME 05/17/02) 12.01 x AM PM 06/16/02 X 1201 AM NOON FIRE UNNAGE Any one fl/s) $ THIS BINDER IS ISSUED TO EXTEND COVERAGE INTNC ABOVE NAMED COMPANY PER EXPIRING POLICY I I: 40014 SUB CODA: —Y op:STTOMNER ID/ BARNA -1 DESCRIPTION OF OP @RATIONSNfilNCLESIPROPERIY pntk101np Locatlonl PROinsure Program - Policy No, PHSD029088 * *see below ** Special Conditions /Other coverage for Limit and Deductible INSURED BARNES AND COMPANY William A. Barnes 650 Delancey Street, # 204 San Francisco CA 94107 TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS % AMOUNT PROPERTY — CAUSES OF LOSS LOAN A AUTHORIZED REPRESENTATIVE Kimberly A. Rossi BASIC El BROAD 7 SPEC GENERAL _...._ LIABILITY COAmIEFICIAL GENERAL UABILITY RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ ..-. FIRE UNNAGE Any one fl/s) $ 1 CLAIMS MADE 7OCCUR MED?fP (An yone person) $ PERSONAL b ADV INJURY 1 GENERAL AGGREGATE $ PRODUCTS • COMP/OP AGG $ ALTTOMOBLE LIABILITY ANY AUTO AU. OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS COMBINED SINGLE LIMB $ $001LV INJURY (Pet person) $ BODILY INJURY (Per acaaent) $ PROPERTY DAMAGE $ MEDICAL PAYMENTS $ PERSONAL INJURY PROT $ UNINSURED MOTORIST $ AUTO PHYSICAL DAMAGE DEOU(:TIBLE COLLISION: j ALL VEHICLES Li SCHEDULED VEHICLES ACTUAL CASH VALUE $ STATEDAMOVNT OTHER THAN COL: OTHER GARAGE LtAELfl'f ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY. EACH ACCIDENT $ AGGREGATE $ =CCaIS 1144n4tY UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLASMS UADE: EACH OCCURRENCE $ _- AGGREGATE $ SELF - INSURED RETENTION $ WORKERS COMPENSATION AND EMPLOYER'S LIABILITY 1 WC STATUTORY IVOH T3 E-L. EACH ACCIDENT $ E.L. DICEAia'c - EA EMPLOYEE S E.L. DISEASE • POLICY LIMA $ SPECIAL Professional srroEl & OmiaaionS Liability - Effective 05/17/02 to 05/17/03 CONDITIONS/ Limit of Liability $1,000,000 each claim /$1,000,000 Aggregate, Excess of VCaHERAGE5 $10,000 Deductible: Defeaso Coats in Addition to the Limit of Liability Deductible ApOlieS. Retro Date: 05/17/00. FESS $ TAXES S ESTIMATED TOTALPREM4UM $ 1 ACARf 7S.1% reran. — MORTGAGEE LO35 PAYEE ADDITIONAL INSURED — LOAN A AUTHORIZED REPRESENTATIVE Kimberly A. Rossi CACORD CORPORATWN M1MS 1NItkNHI1UNHL rax:41U2 b1(41 may to ut l t ; JD r. u4 ACQRD_ INSURANCE BINDER CSR SF DATE 05/17/02 COIN % THIS BINDER 15 A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDmONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER •'',Na 11: 410- 296 -1500 COMPANY THE HARTFORD EW OERr 3032 410 - 296 -1741 MIMS INTERNATIONAL, LTD. 901 DULANEY VALLEY RD. * 610 TOWSON.MD 21204 Kimberly A. Roa NB i OATS�FeL`TNE mac_ ATS , MN TIME 05/17/02 12:01 X AM PM _ 06/16/02 X I2O1AM NOON RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $1,000,000 TH13 aINDER Is I53UED TO EXTEND COVERAGE IN me ADOYE NAMED COMPANY PER �XPIIRR�ING POLILY M: GQDE: SUB CODE: N CUSTOMER IDt BARNA -1 DESCRPnON OP OPERATIONSNE6,CLESIPROPERTT $neludbm LO BUSINESS' OWNERS POLICY NO. 30 SBA B19026 HAAIiE3 AND COMPANY William A. Barnes 650 Delancey Street, # 204 San Francisco CA 94107 I COVERAGES LIMITS TYPE OF ItSURANCE COVERAGE/FORMS DEDUCTIBLE COIN % AMOUNT LOAN a PROPERTY CAUSES OF LOSS Business Personal Property $250 $5,000 DA3IC BROAD ES GENERALLABIUTY COMMERCIAL GENERAL LIABILITY RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $1,000,000 X FIRE DAMAGE (Ant One Ere) $300,000 1 CLAIMS MADE r X OCCUR LIED FXP (AnY Mkt Pte +) $10,000 PERSONAL & ADV INJURY S 1, 0 00 , 0 00 GENERAL AGGREGATE 52,000,000 - PRODUCTS . COMP/OP AGG S 2,000,000 AUTOMOBILE LIAJMUTY ANY AUTO AU. OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NONAWNED AUTOS COMBINED SINGLE UNIT S1,000,000 �^ BODILY INJURY (Per person) $ BODILY INJURY (Par sc66ent) $ PROPERTY DAMAGE $ X MEDIOAI.PAYMENT5 5 X PERSONAL MJURY PROT S UNINSURED MOTORIST $ $ AUTO PHYSICAL DAMAGE DEDUCTIBLE COLLISION: ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE $ STATED AMOUNT OTHER THAN COL: OTHER GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER TNAN AUTO ONLY: EACH ACCIDENE $ AGGREGATE $ CHEC66 UADIUTT UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRQ DATE FOR CLAIMS MADE: EACR OCCURRSIJC6 $ `1 --- AGGREGATE $ SELF - INSURED RETENTION $ WORKERS COMPENSATION AND EMPLOYER'S UADILTY WC STATUTORY UMRS E.L. EACH ACCIDENT $ El. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SPECIAL OTHER N� COVERAGES FEES S TAXES $ ESTIMATED TOTAL PREMIUM $ NAME dr. ADDRESS i MORTGAGEE LOSS PAYEE ADDITIONAL INSURED LOAN a AUTHORIZED REPRESENTATIVE Kimberly A. Rossi ACORD 794 (1/99) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE ® ACORD CORPORATION 1993 Jun 25 02 01:02p Cit. d of Alameda Dev. Sys. 510 -749 -5808 P. 06/24/02 16:35 FAX 415 464 9890 CSAA SALES Confirmation of Liabili Covera.e CSAA Mashers Car Petit ASSOCIATION INTER-INSURANCE B "B URE CALIFORNIA STATE AI frOMOBB.B , CA 94142A186 150 VAN NESS AVRNU1., P.O. BOX 429186, SAN FRANCISCO Name and Address:WILLIAM AND t 1ARA BARNES 650 DELANCEY ST #204 SAN FRANCISCO, CA 94107 Additional insured for Bodily inju y and Property Damage is: Auto Policy Number:N420.76 3 Effective Date :03-06 -02 ,Expiration Date: 03 -06-03 x1002 which, subject to all terms and conditions of the CSAA (tv o erson or atm a and defense granted to organizations by subpart (3) of the section entitled Members Car Policy cy, shall have those rights of coverage "Additional Definition Used in Ibis P rrt Only" under Part 1-- Liability. D-The Bureau will give 10 days Not ce of Caucellatioin for non - payment of premium, 20 days notice o Cancellation 'cc any other reasof or lapse of policy to: Coverage are extended to: CITY OF ALAMEDA 950 WE .T MALL SQUARE AI,AMEDA,, CA 94501 aeae ° of om on) a and defense granted to organizations by subpart (3) of the section entitled "Additional Members Car Policy, shall have the � rights of coverage . Definition Used in this Part Oniy'1 i nder Part 1- Liability. which, subject to all terms and conditions of the CSAA Named Insured:WILLIAM AND t SARA BARNES will expire on the date shown The policy of automobile insuranc includes the coverages and limits of liability as shown below. The policy unless canceled by the Insured art y the Bureau prior thereto. DESCRIPTION OF AT,ITOMOB $? DgSCglP?1ON OI AU I�OMOBii -1?(S) BODILY INJURY LIABILITY PROPERTY MAXE Y VIN DAMAGE SAAB l 997 JAGUAR 001 PREPARED 13 : LIMITS OF LIABILITY 5100,000.00 DATE 06 -2A-02 FI21IC MEV. 2.97) WHITE 0 N� INSURED; YELLOW COPY - UNDERWRITING SERVICES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGE • This' endorsement changes the policy effective on the inception Date of the policy unless another date is indicated below: Policy Number: 30 SBA 819026 SA Named Insured and Mailing Address: ORIGINAL BARNES AND COMPANY 650 DELANCEY STREET STE #204 0 SAN FRANCISCO CA 44107 0 o Policy Change Effective Date: 05/17/02 Effective hour is the same as stated in the Declarations Page of the Policy. oa Policy Change Number: 002 0 ri • Agent Name: MIMS INTERNATIONAL LTD aWrial it .OMAN r�— Code: 721281 POLICY CHANGES: NO PREMIUM DtlE AS OF POLICY CHANGE EFFECTIVE DATE am• m BUSINESS LIABILITY OPTIONAL COVERAGES ARE REVISED ADDITIONAL INSURED IS CHANGED TO READ: LOCATION 001 BUILDING 001 PERSON /ORGANIZATION: SEE FORM IH 12 00 mme ems MEE FORM NUMBERS OF ENDORSEMENTS ADDED AT ENDORSEMENT ISSUE: A^O; 1E12001185 ADDITIONAL INSURED - PERSON - ORGANIZATION o we 1 row ama Mem P. r•.!�tJ MEM ass PRO 'RATA FACTOR: 1.000 s`ri�a THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. Form SS 12 11 03 92T Printed in U.S.A. Page 001 Process Date: 06/28/02 Policy Expiration Date: 05/17/03 UFV COPY M l i"i:, 1 N 1 UKNH I I UNHL t ax :41 ULU 1 t 41 POLICY NUMBER: 30 SBA 8x9026 JUl 1 UL ly•.'t 1.00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. r 'ADDITIONAL INSURED - PERSON - ORGANIZATION ALAMEDA REUSE & REDEVELOPMENT AUTHORITY, CITY OF ALAMEDA, CITY COUNCIL, ITS BOARDS AND COMMISSIONS, OFFICERS AND EMPLOYEES Form IH 1200 11 85 T SEQ. NO, 001 Printed in U.S.A. Page 001 Process Date: 06/28/02 Expiration Date: 05/17/03 UW COPY Alameda Reuse and Redevelopment Authority Interoffice Memorandum November 25, 2002 TO: FROM: SUBJECT: Honorable Members of the Alameda Reuse and Redevelopment Authority James M. Flint, Executive Director 2 -B Recommendation to Authorize the Executive Director to Execute a First Amendment to Alameda Point Property Management Agreement with Alameda Point Community Partners adding the Northwest Territory to the Agreement BACKGROUND On May 1, 2002; the ARRA Board approved a Property Management Agreement with Alameda Point Community Partners (APCP) to manage the master development portion of Alameda Point (excluding the wildlife refuge and the Northwest Territory). The Northwest Territory includes those portions of the base that will be retained by the ARRA /City to be developed as the sports complex and as the golf course and hotel /spa/conference center. DISCUSSION As part of transitioning property management activities to APCP, one City employee resigned and went to work for APCP as part of its property management team, one City employee was reassigned, and a third employee resigned and was retained as a consultant by the ARRA on a short-term basis to oversee leasing and property management at FISC and the Northwest Territory. The consultant agreement was telliiinated when the fowler City employee found a permanent, full -time job. Therefore, another approach to property management at the Northwest Territory is needed. There is a small amount of leasing activity that occurs annually at the Northwest Territory, primarily via license agreements for a single day to two weeks for photo shoots, "drive and rides" and other specific events. It is estimated that less than $12,000 is generated a year from the Northwest Territory. Given its adjacency to the master development area and relative lack of leasing activity, it is proposed to amend APCP's Property Management Agreement to add the Northwest Territory to the agreement rather than to retain another consultant to manage that portion of the base. Dedicated to Excellence, Committed to Service Honorable Members of the November 25, 2002 Alameda Reuse and Redevelopment Authority Page 2 FISCAL IMPACT Pursuant to the First Amendment to the Property Management Agreement, APCP will receive a 5% management fee on all lease revenue generated in the Northwest Territory for property management of the area. For example, if $12,000 in license fees is generated annually the fee would be $600. If there is no leasing activity, there will be no fee paid. Therefore, the fee will be paid out of new revenue generated from the Northwest Territory only and will not come from revenue generated from the master plan area. The percentage fee (5 %) proposed for managing the Northwest Territory is slightly larger than the 3% management fee that APCP receives for managing the master development area. Given the small amount of lease revenue potential and the fixed costs associated with property management, a slightly increased fee (5 %) is appropriate. Based on an annual revenue projection of $12,000, a 3% fee generates $360 while a 5% fee generates $600. RECOMMENDATION It is recommended that the ARRA Governing Board authorize the Executive Director to execute a First Amendment to the Alameda Point Property Management Agreement with APCP to add the Northwest Territory to the agreement. Respectfully submitted, James M. Flint Execut'v By: Do Youn Deputy Executive Director JF /DY /DP:la Attachment: First Amendment to Property Management Agreement Dedicated to Excellence, Committed to Service G :\Comdev \Base Reuse& Redevp\ARRA \STAFFRBP\2002 \First Amendmnt _PropMgmntAree_120402.doc FIRST AMENDMENT TO ALAMEDA POINT PROPERTY MANAGEMENT AGREEMENT THIS FIRST AMENDMENT TO PROPERTY MANAGEMENT AGREEMENT (this "Amendment "), is entered into this day of December, 2002 ( "Agreement Date "), by and between ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY, a public entity lawfully created and existing under the laws of the State of California ( "ARRA "), and ALAMEDA POINT COMMUNITY PARTNERS, LLC, a California limited liability company (the "Manager "). Background A. ARRA and Manager entered into a Property Management Agreement dated as of May 1, 2002 (the "Management Agreement ") for the management of certain real property located in the City of Alameda, County of Alameda, State of California and described and defined in the Management Agreement as the "Development ". B. ARRA and Manager now wish to revise the description of Development in the Management Agreement to include certain real property also located in the City of Alameda, County of Alameda, State of California commonly known as the "Northwest Territory ", as more particularly described in Attachment 1 hereto on certain terms and conditions. Agreements In consideration of the mutual promises made by ARRA and the Manager in this Agreement and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and with reference to the background recited above, ARRA and the Manager agree as follows: 1. Addition of the Northwest Territory. ARRA and Manager hereby agree that Manager's responsibilities under the Management Agreement shall extend to and include the Northwest Territory as though initially included within the Development. Except as set forth in Section 2 below, all provisions of the Management Agreement shall apply to the Northwest Territory as part of the Development. • 2. Compensation for Management Services for Northwest Territory. ARRA shall pay to the Manager as compensation for performing the Management Services in furtherance of the•redevelopment, reuse and further development of the Northwest Territory the following amount: five percent (5 %) of the monthly gross revenues received from the Northwest Territory by ARRA commencing as of the date of this Amendment. 3. Budget Adjustment. Manager will make an appropriate adjustment to the budget attached as Exhibit E to the Management Agreement to incorporate the Northwest Territory. Such adjustment will reflect the fee in Section 2 above. 4. Effect of Amendment. Except as expressly modified in this Amendment, the terms and provisions of the Management Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ALAMEDA: ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY By: e Director Date: l ` 6� RECOM►4 NDED FO PPRO AL: Douglas Yount Development Services Director APPROVED AS TO FORM: *s 1 f"•neral Counsel fg/te MANAGER: ALAMEDA POINT COMMUNITY PARTNERS, LLC, a California limited liability company By: Title`: Date: Attachment Attachment 1 Map showing Northwest Territory N:\A\Alamc \Na\docs \w -First Am It \ 2G. 1, a ti-^ NORTHWEST TERRITORY ATTACHMENT 1 MASTER DEVELOPMENT AREA