Resolution 15507CITY OF ALAMEDA RESOLUTION NO. 15507
FINDING THAT THE HARBOR BAY ENTITIES [HARBOR BAYVILLAGE
FOUR ASSOCIATES (HBV4), HARBOR BAY VILLAGE FIVE
ASSOCIATES (HBV5), AND HARBOR BAY ISLE ASSOCIATES (HBIA)]
HAVE DEMONSTRATED GOOD FAITH COMPLIANCE WITH THE
TERMS AND CONDITIONS OF DEVELOPMENT AGREEMENT, DA-89-1
WHEREAS, Harbor Bay Village Four Associates (HBV4), Harbor Bay Village Five
Associates (HBV5) and Harbor Bay Isle Associates (HBIA) (collectively "Harbor Bay
Entities") have initiated a Periodic Review of a Development Agreement between the City
of Alameda and said Harbor Bay Entities, as required under Alameda Municipal Code
section 30-95.1 ; and
WHEREAS, the Planning Board held a public hearing on this request February 11,
2019, and adopted Resolution No. PB-18-03, finding the Harbor Bay Entities to be in
compliance with the terms and conditions of Development Agreement, DA-89-1 , through
April 4, 2019; and
WHEREAS, on March 19, 2019, at a duly noticed public meeting, the City Council
reviewed and examined pertinent documents regarding Harbor Bay Entities' compliance
with the Development Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council finds that the Harbor
Bay Entities have complied with the terms and conditions of the Development Agreement,
DA-89-1, through the April 4, 2019 review period, as summarized in the Annual Report
submitted by the Harbor Bay Entities and have demonstrated a continuing good faith effort
to implement the terms and conditions as set forth in the Development Agreement; and
BE IT FURTHER RESOLVED, that the City Council hereby declares that Harbor
Bay Entities are in compliance with the terms and conditions set forth in the Development
Agreement.
NOTICE. No judicial proceedings subject to review pursuant to California Code of
Civil Procedure section 1 094.5 may be prosecuted more than ninety (90) days following the
date of this decision or decision on any appeal plus extensions authorized by California
Code of Civil Procedure section 1094.6.
*****
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular meeting
assembled on the 19th day of March 2019 by the following vote to wit:
AYES: Councilmembers Daysog, Knox White, Oddie, Vella and Mayor
Ezzy Ashcraft-5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said
City this 20th day of March 2019.
APPROVEDASTOFORM
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Michael H. Roush, Interim City Attorney
City of Alameda
Lara Weisiger, City
City of Alameda