Resolution 15569CITY OF ALAMEDA RESOLUTION NO. 15569
AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENT
NO. 2 TO ACQUISITION AGREEMENT -COMMUNITY FACILITIES
DISTRICT NO. 13-1 (ALAMEDA LANDING PUBLIC IMPROVEMENTS)
WHEREAS, the City of Alameda Special Tax Financing Improvement Code,
constituting Section 3-70.1 et seq. of the Alameda Municipal Code (the "Law") allows for
the formation of community facilities districts and levy of special taxes therein; and
WHEREAS, the City Council has formed the City of Alameda Community Facilities
District No. 13-1 (Alameda Landing Public Improvements) (the "District") pursuant to the
Law and Resolution No. 14880, adopted by the City Council on January 7, 2014; and
WHEREAS, the District is authorized to finance public improvements necessitated
by development occurring in the District (the "Facilities"), and the City, for and on behalf
of the District, has entered into an Acquisition Agreement, dated as of November 1 , 2013
(the "Acquisition Agreement"), with Catellus Alameda Development, LLC (the
"Developer"), the entity developing the land in the District, whereby the City has agreed
to use proceeds of special taxes levied on property in the District and proceeds of special
tax bonds issued by the City for the District (collectively, the "Funding Sources") to acquire
and finance Facilities constructed by the Developer, subject to the provisions of the
Acquisition Agreement; and
WHEREAS, in 2015, the City conducted proceedings to annex territory to the
District and, in connection therewith, the City, for the District, and the Developer entered
into a Supplement No. 1 to Acquisition Agreement, dated as of April 21, 2015 (the "First
Supplement"), and to add to the Facilities that may be constructed by the Developer and
acquired by the City, and that may be financed with the Funding Sources; and
WHEREAS, the Developer has advised the City that it has sold some of the
property it owned in the District and, as a consequence thereof, it now desires to further
amend the Acquisition Agreement to delete the changes to Exhibit B to the Acquisition
Agreement that were made by the First Supplement and to instead amend said Exhibit B
as set forth in a Supplement No. 2 to Acquisition Agreement ("Supplement No. 2") the
form of which is on file with the City Clerk; and
WHEREAS, the Second Supplement effectively reduces the overall costs of the
Facilities to be financed by the Funding Sources; and
WHEREAS, the City Council now desires to approve and authorize the execution
by the City of Supplement No. 2.
NOW, THERE FORE, BE IT RESOLVED by the City Council of the City of Alameda
that:
1. Supplement No. 2, in the form on file with the City Clerk, is hereby approved.
The City Manager is hereby authorized and directed to execute and deliver Supplement
No.2 in said form, with such additions thereto or changes therein as are approved by the
City Manager upon consultation with the Public Works Director, the City Attorney and
Bond Counsel to the City for the District, the approval of such additions or changes to be
conclusively evidenced by the execution and delivery of Supplement No. 2 by the City
Manager.
2. This Resolution shall take effect upon its adoption.
* * * * * * *
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 161h day of July, 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 official
seal of said City this 171h day of July, 2019.
Approved as to Form: