Resolution 16305 CITY OF ALAMEDA RESOLUTION NO. 16305
AMENDING THE FISCAL YEAR 2024-25 CAPITAL IMPROVEMENT
BUDGET BY INCREASING REVENUE AND APPROPRIATIONS IN
CAPITAL IMPROVEMENT PROJECT C62100 BY APPROPRIATING
$261,000 FROM TRANSPORTATION IMPROVEMENT FUND BALANCE
(FUND 287)
WHEREAS, on April 4, 1989, the City of Alameda (City), Harbor Bay Isle Associates,
Harbor Bay Village Four Associates, and Harbor Bay Village Five Associates entered into an
Infrastructure Agreement(attached hereto as Exhibit A), which addressed issues involving traffic
and access to Bay Farm Island and Harbor Bay Isle, as well as "Traffic Improvement Projects"
to mitigate such issues; and
WHEREAS, the Infrastructure Agreement provides for the allocation of certain taxes to
be set aside in the "Traffic Improvement Fund," Fund 287, to fund "Traffic Improvement
Projects" involving Bay Farm Island and Harbor Bay Isle as set forth in Exhibit "A" of the
Infrastructure Agreement; and
WHEREAS, the Infrastructure Agreement was amended on October 1, 2019 (attached
hereto as Exhibit B) where Harbor Bay Isle Associates assigned to Harbor Bay Business Park
Association its rights and obligations under the Infrastructure Agreement, and Harbor Bay
Business Park Association accepted and assumed such rights and obligations under the
Infrastructure Agreement; and
WHEREAS, the October 1, 2019 Infrastructure Agreement Amendment also modified the
schedule of Traffic Improvement Projects included in Exhibit "A" of the Infrastructure Agreement;
and
WHEREAS, on November 1, 2022 the City Council approved a Second Amendment
(attached hereto as Exhibit C) to the Infrastructure Agreement; and
WHEREAS, the project scope has expanded from November 2022 to include
accessibility improvements at the Harbor Bay Ferry Terminal Parking lot, an eligible traffic
improvement project in the second amendment to the Infrastructure Agreement;and
WHEREAS, on May 15, 2025 seven bids were received to construct ADA improvements
and new bus shelters for the Harbor Bay Bus Stop and Ferry Terminal Improvements project;
and
WHEREAS, an additional $261,000 is required to fully fund construction, monument and
wayfinding signs, engineering and construction support services, and contingencies for the
Harbor Bay Bus Stop and Ferry Terminal Improvements project; and
WHEREAS, sufficient fund balance is available in Fund 287 to fund these improvements.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda
hereby amends, the Fiscal Year 2024-25 Capital Budget by appropriating
$261,000 from Transportation Improvement Fund, Fund 287, increasing revenues and
appropriations in Capital Improvement Program C62100 by $261,000.
4u45igr EA e'cwe-D 0094a317 1E 3-4Cr'4-�44C•2::SCE vAD ?- Exhibit A
;NFRAS_ c
4 .7� day of
This AGREEMENT is entered into th3. —
1989 by and between CITY OF ALAMEDA a
municipal corporation of the State of California ("CITY„) ,
and HARBOR FAY ISLE ASSOCIATES, a general partnership
("HBIA") , HARBOR BAY VILLAGE FOUR ASSOCIATES, a limited
partnership (wttavFcacsR")
and HARBOR BAY VILLAGE FIVE
ASSOCIATES, a l.ieited partnership ("BBVYIVE") (collectively
"HARBOR BAY") pursuant to the settlement agreement between
these parties dated November 3, 1988.
WHEREAS, the settlement agreement requires the parties
to enter into a written agreement setting forth existing
and anticipated future issues and problems involving access
--to Bay Farm Island and. Harbor Bay Isle ("8SI") and the
responsibilities. of .CIT`Y and- HBIA -in regard to planning, and
funding solutions to those problems;
WHEREAS, the parties recognize that the build-out of the
remaining residential portion of HBI and the development
and completion of the build-out of the HBI Business Park
will add traffic on streets and intersections providing
access to Bay Farm island and RBI,
WHEREAS, by this agreement the parties intend to
identify the existing and anticipated future problems
relating to access to Bay Farm Island and RBI and to assign
planning responsibility for improvement of access and
mitigation of effects of existing and additional traffic
1
,F;nys or..e :CrAv.rf.t..715D-4;t2.47.34:.'-:CECSS:i4:::.-4
volume, access between HBI and Bay Farm island residential
ar.as and the HBI Business Park, transit services,
including a ferry service to San Francisco, and
transRortation system management measures; and
WHEREAS, the settlement agreement provides for the
allocation of certain taxes to be set aside and expended
only upon infrastructure projects relating to access to Bay
Farm Island and RBI;
NOW., THEREFORE, the parties agree as follows:
1. Agcess Problems and Issues. The parties hereby
identify the specific existing or anticipated future access
problems, projects and/or issues ("Traffic Improvement
Projects") involving Bay Farm island and HBI as set forth
in Exhibit "A" attached hereto. City and HBIA agree that
, the presently identified Traffic. Improvement Projects fall
into two categories, relating in large part to their
proximity to HBX and the extent of HBI/s Impact upon the
underlying cause(s) of or need(s) for such projects. The
City or local share of the cost of the Projects included in
Group One of Exhibit A shall be paid one-half from the
special Traffic Improvement Fund described in paragraph 2
below and one-half from other City funds. The City or
local share of the cost of those Projects included in Group
Two of Exhibit A shall be paid entirely from the Traffic
Improvement Fund. Traffic Improvement Projects may be
added to either category, or new categories of such.
2
;:gr.Er.e tspe D.CGS i2?1 0-27 n--1t3k-r?4G- GECEMZ4- 2?
projects may be created from time-to-time by mutual
agreement of City and Harbor Bay.. City and. UA 0R BAY
agree to work together to find and/or maximize other
federal, state and local sources of funds for both
categories of projects, so long as there is no impact upon
City's revenues for other purposes.
2 , Special. Traffic bI. prom_$" ep _ Fund.
a. The City shall immediately create and segregate
a special fund ("Traffic Improvement Funds) to be used only
for the following purposes: payment of the costs of
identifying and mitigating access problems to Bay Farm
Island and HBI, including, but not limited to, planning,
studies, design and construction of mitigation projects
identified in Exhibit "A" attached hereto, regardless of
whether such activity is carried out by the city alone or
in conjunction with other entities or agencies. The
mitigation work and projects identified by this agreement
are a public benefit intended to benefit all of the
citizens of the City. The City shall pay into the Traffic
Improvement Fund, from and after the date of execution of
this agreement and ending at such time as a resolution
adopted by the City Council certifies that the fund has a
balance sufficient to complete payment for all work and
projects required as a result of this agreement
(1) All improvement taxes collected by the City
pursuant to Chapter 15 of the Alameda Municipal Code on all
3
construction of any type in 1fBl from and ,after November 3,
1988 ; and
(2) 50% of the City's share of the difference
between the amount of each installment cf real property
taxes received for all real property located in the entire
HBI Business Park, regardless of ownership, for the tax
year 1.988-1989 and the amount of each installment of such
taxes received by City during each subsequent tax year or
portion thereof, beginning with the first installment of o<:
the 1089-l990 tax year and continuing until the concl usici.
of this agreement: attached hereto as Exhibit "B is a
schedule of the total and the City's share of 3I Business
Park real property taxes for each instalment of the i9s8--
•- 1989 tax year.
b. Collectively, the taxes described in paragraphs
2a(l) and (2) shall be referred to as "Traffic improvement
Taxes, " All Traffic Improvement Taxes required to be paid
into the Traffic Improvement Fund shall be paid within ten
days of receipt by City.
3. 'i.a.nn ipg, Res0r tin o.
a. Cc,� ,.cncing with the City's fiscal year
beginning July 1, 1989, and on an annual basis thereafter,
the City shall within the first 60 days of such year
prepare a plan for solution of the traffic and access
problems addressed by this agreement and a schedule of
costs, methods of financing or payment, and timing for
4
construction of or otherwise accomplishing the solutions to
such problems, both on a detailed basis for projects to be
undertaken in the year of the plan and on a projected basis
for orntic ipated future projects ("Annual Traffic
Improvement Plan' ) . The Annual Traffic improvement Plan
shall be transmitted immediately after completion to HBIA
for its review and comments and City shall implement
reasonable proposals and suggestions for changes to the ,
plan made by IWIA.
b. The initial plan shall be accompanied by a
statement of the amounts and dates of Receipt of Traffic
Improvement Taxes and of deposits into the cpccial fund and
the balance of the fund. Thereafter, on a quarterly basis,
City shall provide HBIA with a report describing the
progress of the work included in the then current Annual.
Traffic Improvement Plan and a statement showing the
amounts, costs and proceeds of bond sales, if any, dates of
receipt of Traffic Improvement Taxes, dates and amounts of
deposits into the Traffic Improvement Fund, interest
accrued, use or application of withdrawn funds and the
balance of the fund as of the reporting date.
� ypj
4 . it on o i I2 b •S_t 5.. o 'rF .a .f c it1wle& m
find.
a. The cost of projects required to be undertaken
by this agreement may be paid by the City directly from the
Traffic Improvement Taxes deposited in the Traffic
Improvement Fund or from proceeds raised by the isseiia.nce
5
and sale of bonds, deposited in the fund, or a combination
thereof. If bonds are issued and sold, costs of sale and
principal and intere t on the bonds shall be paid only fron
the Traffic Improvement Fund and the bondholders shall have
no recourse to the city if the Traffic Improvement Fund
proves inadequate.
b. Payment from the Traffic Improvement Fund for
property, goods or services shall be made only for such
property, goods and services that may actually be sold or
provided to the City during each year and only upon the
actual transfer to the City of such property or goods or
the performance of such services.
c. The City shall not be required to pay any
obligation of the Traffic Improvement Fund from the City`s
general fund or by exercise of its tax powers. Nothing
herein shall prevent the City from entering into agreements
in excess of one year to effectuate work or projects
required as a result of this agreement in order to acquire
property or goods or procure services, so long as payment
is contingent upon such transfer or performance.
d. At any time or from time-to-time, it City and
EBIA agree that there is a need to proceed with or complete
a Traffic Improvement Project or Projects contemplated by
this agreement prior to the time when the Traffic
Improvement Fund would contain funds adequate for such
purposes and the Traffic Improvement Taxes or other
s
!c4:;3Egrt E»,vitt C3_ "5n � n-DCI CSBi4,4D:n
revenues of the fund are not sufficient to permit the sale
of bonds to fund
ueh project or projects, or if such bonds
cannot be sold efficiently or economically, so long
as
there is e' legal impediment,
may, but shall not be
required to ,
(I) Prepay Traffic Improvement a. s or
otherwise loan sums to the Traffic Improvement Fund at
commercial.l.y reasonable interest rates; or
(2) Use any and all lawful means to
facilitate sale of bonds, or purchase bonds for its ovn
a ount.
e. In the event that the Traffic Improvement.
?rund's final liability or the costs of Traffic i Improvement
, Projects exceeds its revenues from all sources as described
- herein,hri:n:, then, and only
then, shall MITA be responsible or
such excess costs.
EXZCVTED at Alameda, California, on the date first above
written.
Approved as to Berm: CITY OF A. E , a municipal
corporation of the State pf
California
,f
City Attorne ., .
441 L 5 v
Authorized by ouncil
o.
-100
ACtotd 4 14
Doc,..iStgr Erw*lope 004493-T -Zif;SZI-40.44R40-20ECESdrzi.402,1,
HARBOR BA1 VILLAGE FOUR HARBOR BAY ISLE ASSOCIATES* a
ASSOCIATES, a limited general partnership
partnership
By DORIC: DEvELOPMENT, IXC
By DORIC *DEVEICPMEET*. INC. General Partner
seagrr Partner
< N
By • Sy
Its S4 Its E4v.frs:tk,g; vl„Le pes,
By HOME CAPITAL CORPORATION* HARBOR BAY VILLAGE FIVE
General Partner ASSOCIATES* a United
partnership
By By DORIC DEVELOPMENT, INC. ,
General Partner A
BY By it_
tev
Its 1L1,^44.04,7
By HOME CAPITAL CORPORATION,
eneral Partner
• VALLI. 4110 Its 4104.40,
BY :n-7
Its Si
8
:uSi r Enve,ope'L3: s4 11` 21e:'-4 A- 40-2CECHSC+Q4D 3
EXHIBIT
TRAFFIC O
Group 1 - 504 of city cost from traffic ,•roveent
fund;
. Widening Voolittle Drive to four lanes between
Harbor Bay Parkway and Island Drive;
. Modification of the Doolittle Drive - Island Drive
intersection;
. Modification of the Otis Drive Broadway
intersection;
4. Modification of the Otis Drive - High Street
intersection;
S. Modification of the -Otis Drive - Fernside Blvd.
intersection
6. Modification of the High Street Fernside Blvd.
intersection;
. Increased capacity of the Bay Farm Island Bride
and
8. Increased capacity of the High Street ridge
Group 2 - 100% of city costs from traffic improvement
fund
. Construction of the Cross-Airport Roadway between
Harbor Bay Parkway and 98th Avenue;
2. Construction of a new intersection between Harbor
Bay Parkway and the Cross-Airport Roadway and
realignment of Harbor Bay Parkway;
3. Realignment of the Maitland Road - Harbor Bay
Parkway intersection to lessen residential incursion.
resulting from construction of the Cross-Airport
Roadway;
4. Signalization as determined to be needed by the
City tngineer on Bay Farm island; and
S. Transportation systems management programs for the
HSI Business Park.
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Exhibit
FIRST AMENDMENT TO INFRASTRUCTCHE AGREEMENT
This rrizsi ANTINOMY:NT TO INFR ASTRI KAI AORLEMEN
Arriendment":i iis Lvti. d into a of Octoliet 1, 2019 by and among the CITY OE AIAMEDA„
municipal corporatiWt i:**City') HARBOR BAY ISLE ASSOCIATES,a Califorria general
partnership and the HARBOR BAY BUSINESS PARK ASA-XI/VFW",a
(.7aliforrila mutual benefit non-prolit corporation tql1IBPA").
RECITALS
A, City, HBIA,HARBOR BAY VitIAGE F011R ASSOCIATES,a California
Limited partnership MIIIVFOLA" and HARBOR 3.A.Y VITIAGE FIVE. ASSOCIATES,4
CalltbmIta limited partnership entered into that certain Infrastructure Agreement
dated April 4, 19#19,.pursuant to vchich the parties,among ether thiniiv tit identitk,d iu
inv6hing traffic:and acceii to Bay :1- 01; Island and Hail:tot Bay Isle,as., well as'traffic
Improvement Projects" oolitigatc such suc and established a"Traffic Improvement
Fund-to hold the -Traffic Improvcment'Nog"collected. Terms not otherwise defined in th'...s
First Amendment shall have the:meaning giN en to them in the biltastruinure Agreement
B, HBVFOLIR and HBFIVE have completed eonstruction of all flumes and related
improvements within their respeetive residential areas of Harbor Bay Isle„ 111.1VFOUR
dissolved, and ni September 25,aril 1,IIBVITIVE and TIBIA merged,with the sari entity
retaining the BMA. name.,
C. 1-1111A, which was the master developer of Harbor Wy sle and the Harbor Bay
Busineg;Park, is cimently winding up its business activities in Hurbot Bay Isle aad the Ilaibor
Bay Wisiness Park, Accordingly. MIA desire's to assign ta 11L3BPA it$rights and obligations
wider the hirrastructure:W.teernents and ,..lies to assume such rights and obligations
from 'BMA.
D. The.parties also dOirt to tivaaw zhe list v4 tratik linprovemetn Projects.eliible
for .fundingwith 1 d1ic linpuyveincrit Funds and make certain other troditIcations to:the.
linframnicture AgiVeniort, as further described
Now.IFIERt!:.FORE, consideration of the forg,oing, which ato incorporated herein try
reference:, and for oi And valuable consideraidon,the receipt and sufficiency of which is
hereby acknoi4e4ted„City,,I IBA and 1IBBP,\ agree as follows:
I. Assignment#pd con4ertsjo.Assignment UREA„ hereh:,. assigns to 111.1.BPA all
Tight-5 and obligatianS um-jir'•the Infirastructo re Ag!vett:tent, amended hereby, JIiU1A hereby
accepts and assumes such rights and dbl igati ins under the tufts'r nein, wArtid&
hereby. CITY hereby ae;.0',,,i‘l ledges such
Tritflit morovt mous Pro*hi Etigibk for Traffic Improvement Fund. Uh
original schedule of-traf lie irtIrrAtincrit Ioc1 tle t(4i t:E44tJ.with Traffic
[ttipro%ement Funds,as set out on of the 1111:-.aArtwton.: L\greernont, is deleted in its
enCtety and replaced the list of ti1Iimptc,vement Projects set.oat on ENnitit A ar. ached
to this Fkst Amendment,
rlanninz nod Reporting Section . of the Infrastructure Agivertient shalt deeted
in its entirety and repiaced wi.th the following-,-. "Planning and Reporting. Commencing with
City's ifival year beginning July 1, 201.9,arid continuing ort ;.tn:anr,„:„tl basis thereafter,in
December or January of each fmcal year.Cif), and shall meet.and confer a)regarding
potential updates,to the schedule of:-Traffic Improvement Prqiezt; to he funded with
Traffic IMproYement Yittid . and.t ht to review report nV• tt City on the amount of
Traffic Improvement rands hetti in the'I It arW he amounts..•,c4hdrawn, from The 'TIE fOr
Transportation Improvement.IPIt.,ie.iets sinke 11 .0 lanai meet,and confer session:,•ptoYided that.b2.,:
no later than October 1 of each f.kcai year. titiLiPA shall ileiiver a,written notice to the City,
',Mention Ay Engineer and Public Works;I./irk:Tor,.remn.esting that such annual meeting ocetir
and that such report t,c,prepared tor..„be thectuig. if the rO.rthis agree at the meerang.to malke
changes to the,schedule of, rrnffic Improvement Pr4:134, rie e:-tattges shall he nternarialiZed in
StitNegni.111.. tilli:ast7Atetae A-4reement„, the form mJ substanet of which shall
be approved by the City,
4, peliyersi.of Notices, Any nof.ce, report, or her eorernatneatior deiKered 1%,„ a party
to an:)ther pursuant to th7;,5 First Amealnerit hall be deemed ',...eliVered•srilen(at per5otrall.',:
serv,:q1„(hi two clt ht.s.sine day fter'such depoited it the railed States Mail with
pwstage fully prepaid, otej the day tbgot\Jag delivery to a nationally recognized overnight
courier serjec, sueb. ELdE'5 o the tliir et 1.'(nth ilefo'o: or at mtch other addrzsses as the a
party may from time to time provide by written notice given p....J.stiant hereto:.
Li City:The City o•:: ,•:‘it!metla„. S., 'Li Cara, A s,enne, R.00tri 280.,
CA. 54.5!4,Attn: „
With an Addifional Cti t he Gtyer :ieda, Cny liot M,est,.950 ‘‘.'„ MJway
Ave:, Alameda,CA 945u1.Attn: Di:Let:1w of Public Ofk$,-
131A:: 'Ilarbor any Me Associates,Attir John Martin, President eq.)'Tint flopprit 290
P:Acket Landing Road, Alameda.CA 94502,
"To Ifarhor fiay ilttsin.e!..',N,Park A..!-- 0,1ation. e'f,, Mar„azement Company,
74 Sononla Pleasanton, CA: q45fiti, LCOSt•snrErnst
Development l'.„crta,Lrs,2:1":1,1t ivi.nitort i!•,:, 111, CA 9406„
5., Cnnfirm talon of fliqift F fft fRiuiuin * titYtt*of Infrastructure
Aereementi.: Except 11117 thartges,ileeribed „tottetAtro„,tW,
'-:..4.4tditions of the IniTastructure -.. :reement, shall rmat m ant,: tec„„
higratures orsiish .e:TA.tntrae
2
IN WITNESS WHEREOF, this First Atuenthlient is exkNoted by persorts authorized (:•0
represent the respecth e purty,
CITY OF ALAtylpA;#fr,ii:.:ip4/..ircratiott
2.,.,1<.
i '
Erie- I. IAV 1,,,t MAciger
APPROV lib AS ID FORM:.
City Attom-v
."'
9Y:,,.. .. : •. :"._...,_, '..„. ,. , /71ge(d' <4..„,- - )7"
Lisa Nelson.,laximill. AStant City Attolne.s
HARBOR BAY ISLE ASSOCIATES.a will partiwtship
By: Doric Realty, Ine„ a Coliforni2. ',', -,,r,,tion. :ts NI:utaiaing General Partner
U 4 '-'7\
14 ). '
- -
jOlia Nilurtin,President
HAM* flAV fit!SINISS PARK ASSOCIATION, a California mutual: Imtefit nonprofit
t;Drporat ion
By;
Joseph Ernst,Proiderlt
3
IN:WITNESS 'M I,.f Lor, this f in Amettdmeitt:i5 es c:itttd by periotis aut'io%zeti t>
rctp:escitt tlic respective ratty:
CITY OF.LAMED:._ :'i municipal .torNr attott
NC'J. ..t Levitt,City Manager
:.).[ PRtOVFo AS 1't 1 1`t 1\l'.
City Attorney
Bar•
Lisa Nelson.Maxwell Assistant City Attorney
HARBOR 13i. k:`:iSLL ASSOC+("IAT S. Et Cab Riroia gets xta! }artrwrshi
By: Doric Realty,Inc....,C`alit'otni e,rpku.tti.m. It,Mana fn ;(ieneral Partner
John Martin, Pri.'� ieitt.
HARtlOR. RAY Fit JS.1NI;SS PARK ASSOCIATION,a Cal,t nrn a.m.tttal.benefit now p o ►t.
77
J4 eo, 1 t pri:$ dc't,t.
3
1.1:1911 trwetope IL/4.17.4414,1.,!15.,,,e.
EXHIBIT A
ITBATED SCIIr BITE OF TRAFFIC IMPROVEMENT PROJECTS—20t9
(iroup I 50 of('ity:costs from Traffic Improvement Fund, Now,
Group 2 WO%of City costs from Traffic Imptiovernent Fund:
Signalivation or other intersection control as determined to be needed on Bay Fatm island
by the City Engineer,
2 'Transportation sy management programs for Bay •Farm Island,includini.,;..without
limitation payment of up to,1,.:,400,000 to the San Francisco flay Area Water Emergency
Transportation Authority .WET,‘" Nir.:nant to 1,2 (a (.i)of that certain rerry
Service Operatiorti Tta Agreement,dated February 25, 201 I. between the City of
Alameda, Al tA mee a Lind Ri...ecvelornIvnt Authofity and WETA with respect to
WELA-s operation of the Harbor 13at., for,, terminal at Buy Farm Wand,
3 Mitmnaneeand repair 4) landside improvements at H&bot Bay Ferry Terminalt and
4. IExpamoi ofshufth buybu c con neeting businesses in the Harbor Bay Business Park
to and front the Harbor Ray Ferry tertaimil,to the flat Pt,4 Bay Landing,Center,to the
South Shore Shopping Center rind to any Park and Ride :ots provided in the vicinity.:
E?'!,,tr1,4044 TiA4
EXhibit C
SECOND AMENDMENT TO INFRASTRUCTURE AGREEMENT
This SECOND AMENDMENT'1'0 INPRASIRIXTURE AGREEMENT("Second
Amendment")is.meted into as.of. Neveritier_ ,2022 by and fietwecn the CITY:f.„)F
ALAMEDA.a Mtinicipal'corporation("City-)and the HARBOR BAY'BUSINESS PARK
ASSOCIATION,a California mutual benefit nun-profit core .1111111)A").
RECITALS
A. City,HARBOR B-A`i' ISLE ASSOCIATES a California general partnership
111111A'1UAiHO 1AY VILLAUE FOUR A SSOCIA.TES„ Cilifornia limited partnership
:11BVFOUR"),.and HA.RBOR BAY Vrii,AG.E FIVE ASSOCIATES,a CahfOrnia,
partnership("HBVFIVE".t.,entered into that certain Inftwitructure Agreement dated:April
1989, puisuant to which the parties,among, ;.,:her thugs ri't identired icAles involving traffic.and
:Te; C:SS; j.flay Fatru island and Harbor Bay fsle, js well as:-Traffic improvement Projects" to
mitigate such issues,and :established a"Trafric Improvement Fund"to hold the:"Truffle
Improvement Taxes"collected:: "l'ernis,not otherwi5e defined in this Second Amendment shall
have the :nterrting given to them in the Infrastructure Agreement.
in a hrst Amendment to Infrastructure Agreement entered into as of October I,
2019,HBIA assigned,to HBLIPA, jfl of its rights and obligations under the Infrastructme
Agrement, and HRBPA accepted and assumed such rights and obligations:Under the
Infrastructure A.greetnent.
C. In the First Amendment tc,r Infrastructure Agiernent, the parties updated the
schedule of Traffic Impmvemem:Protects eligible to bc, fluid:ea howl the Traffi.c. Improvement
Fund,which schedule was set out as:Exhibit A at tached r, e,first ,Anichdrnent to Infostructure
Agreement,
D The parties desire TO,tipdate the list of Traffic Imptavement Pnijects eligible:for
funding with Traffic Improvement Funds, as farther described herein.
NOW, DIERLIORE, in onsideration (Idle forgoing., which are incorporated herein by
reference, and for good and valuable consideration,the,receipt and sufficiency of which i5
hereby acknowledged,City and IIBBPA agree as follows,•
I Truffle Improve nts Pro:ec6 fbr Traffic 'm J(}%eent fond. The
original schedule of:Trate Improvement Projects eligible. t be funded with Traffic
Improvement Fitnds„as set onit on Fxhibit A of the Infrastructure Agreement, was deleted in its
entirety and replaced with the kst of'Traffic Improvement Projects set out on Obi bit A attached
to the First ,knientintent to Infra.strcoure Agreement. The parties desire in this Second
Ameadmeot to Infrastructurt Agaement o further update the schedule of Traffic Improverntit
Picas eligible to be,fitnded with Traffic improvement Funds. Accordingly:, BhiOit t jtchect
'!“ the First Amendment is herohy deleted in its.entirety and replaced with the schedule el Traffic
Improvement Project att iehed AS Exhibit A to this Second Amendirwia
,LSIgn E^velope 0.. 4E2F81-24'WA- eC0-AE.Va-f'F3Fe9EACI';A4
.2. pe ivr of NGJlee . Any notice, report, or other communication delivered by a party
to another pursuant to this Second Amendment'ta Infrastructure Agreement shall be deemed
delivered when(a)personally served,(b)two(2)business.days after such notice is deposited in
the United States Mail with postage fully prepaid,or(c)the day following delivery to a
nationally recognized overnight cotiier service,such as FedEx at the addresses set fah below
or at such other addiesses as the a party may from time to time provide by written notice given
pursuant hereto'
TQ,Cit :The City of Alameda,City Hall, 2263 Santa Cara Avenue,Room 280,.
Alameda.CA 94501,Attn:City Attorney
The City of Alameda,City Hall 'West,950 V.. letidway
Ave.,,Alameda,CA 94501,Attn: Director of Public Ww t%:
To 1Ht3PA. Harbor Bay Business Pack ASSOC/4io11,do OS Management Company,
5674 Sonoma Drive,Pleasanton,CA 94566; With a copy to Joseph Ernst,sic Ernvt
Development Partners.2220 Livingston Street,Suite eta,Oak And,CA 94.0
3.c C` 4 c#of Remaining Sections of infrastructure
Agreement. Except for changes described in this Second Amendment to tnfrastnicture
Agreement,all the other terms anti conditions of the Infrastructure Agtr'ement as previously
amended shalt remain in full force and effect.
IN WITNESS WHEREOF,this Second Amendment to Infrastructure Agreement is
executed by persons authorized to represent the respective parry'
CITY OF ALAMEDA,a municipal corporation
iI., , •2022
By: fkisvot 6mA/tin
lVsaaax.x r r.tv .�ca,t.asa sssx�,t l.IY3 � '\ {aliaL4LT
APPROVED AS TO FORM'
Cif t do ttrrsna�
all�4ssYgs, 4r.
Lea Aslanran,Assistant City Attorney
HARBOR BAY BUS `ESS PARK ASSOCIATION,a California mutual benefit non-profit.
corporation f
1/1
.t Ernst.President
UPDATED SCHEDULE OF TRAFFIC IMPROVEMENT PROJECTS —2022
Group 1 — 50 of City costs from Traffic Improvement Fund: None,:
Group 2 :00% of Cry costs from Traffic Improvement Fund:
Sigrailization or other intersection control as determined to be needed on By Farm Island
by the City Fnpineer,,
2. Transportation systems management programs for Bay Farm Island. including, without
limitation payment of up to $500,000 to the Sr Francisco Bay Area Water Emergency
Transportation Authority META") pursuant to Section 11,2(aAi)of that certain Ferry
Service Operations Transfer Agi eement, dated Febtuary 25,2011,between the City of
Alameda,Alameda Reuse and Redevelopment Authority and WETA with respect to
WFTA's operation of the Harbor Bay Ferry Terminal at Bay Farm. Island
3. Nlaintenance and repair of landside improvements,at Harbor Bay Ferry Terminal.
4, Repairs oft:listing shuttle bus shelters and instaAation of new shuttle bus siviters,
5. Expansion of shuttle bus service connecting businesses in the Harbor Bay Business Park
to and from the Harbor Bay Ferry.Terminal, :!.k7 he Harbor Bay Landing Center,:to the
South Shore Shopping Center and to any Park and Ride. lots.provided in the vicinity,
tristallation of,signage, wayfinding or place making, in public areas that may address a•11 •
modes of travel.
3
AMENDED AND RESTATED BYLAWS
OF THE
HARBOR BAY BUSINESS PARKASSOCIATION
2 . Limitations_pn powers: The Board Aall not have the
power to:
Fill any vacancy on tte Board created by the
removal of an elected Director except those created pursuant to
Section I, sub-section (() of this Article; or
Fill any vacancy on the :".ard created by the
resigrairi )n nr removal of a nirector des.ignated by a ma.jor
sroperty owner, sinua the replacement or stiv4 a Director nay bta
accomplished only by designatiem by tine_ najnr pre-merty Owner,
provided that the maor property owner still qualifies to
6esignate a Director in conformity with the provisions of Article
IV, Section 3 herein,
3 DDTI -,= ': it shall he the dtty ot Vie Board of Directors
to undertake all Outlet,: and reupenuibilitieu uf tha Corporation
as expressed in the nectaratinn and ttR management and conduct of
the affair f the Corporation, except au exprosuly reuerved L a.
vote lot the YAnbers.
ARTICLE VII
WalctRs AD TUXIA DUTItS
1 . panuatATUM Qr prrIcgu: :r.o officors ot this
Corporation shall be a. President and a VIC*-Prwsddynt, a
!:;earetary, a CWt 174-.narcial. cfficer (TrenIV,Trer,' and munh et,ler
fficers as the Buard may from time to tlro by resolution create.
41-e ettieers shall h.t all times be Cirenters.
2. nEcTiON orprricERs.: The election or ort'.,.cers shall
take tltse at the first ?It.eoting of tho Board of Directors and
thereat at the firs', meeting of the Board of Directors follow-
ing each ar!"Tul. meat- ng of the Menhern of the Ccrporation.
3 . TERM: Vie officers or this Corperation shall 41P piAr!tpA
annually by the Board. 'aoh suon ottioor stall hold ottice tor
:1) peds: unless he shall so:Iner resiqn, be removed or et:IRr
wile be d: squa ' ' tini tn ssrve.
4 . OITCIA4 A7POINTXBUTO: The 6orirel ray elect much other
officers as the affairs of the corperatIon may requ:.re, each_ of
whrm shall holi cfricP for such perioi, hi 't sucn AuLhorlLy Afra
perform sur. lurk:5 as tNI.' 1ca,1 nay fron tine to tlre determine.
5. ESTMAT 0 ND EMMA : A7-y of.t.irter ray be renoved
from Office with r without co ty the Board. it a nirecLor
earvi:-.(4 in c:ficer PLesident or Vice PrRcident nt the
Corporation ;ft„as been rerwed pursuant to Article VI, vcction 14
.itr-eection (a. , such person ssaall also le auLuratilJally removed
- 11 - fsnAmmook
0,22,At;
from said office; however, any officer rerovc t by the bard shell
tot also be removed from the peeitiue of firs t .r except purcuant
to Said Article VI, Section 1., sub-section (a) . Any (e: icee me 4
es .ctn at any time by giving written notice to the Board., the
President or the Secretary. Such resignation shall take effect
on the date of receipt of such notice or at ny later time
€ peci.f ied therein, and unless otherwise specified d therein, the
acceptance of such resignation shall not be ne:essary to make it
effective.
6. V1CANCIES: A vacancy in any office may be filled by
appointment by the Board, The ()trickle icse appointed °t a such vacancy
ancry
bh&fl serve the remainder of the tern of the oft i cer. he r.ep:flees
. TIPt. e PPPXC1f: Any two (2) or rore e £ices .may be
held by the saves person, e.xuept the cfficoc of Preaidont and
secretary.
8 , pure '.he duties of the officers are as follows:
A. Pregejdent: The Peesider:t shall saes .:ie at al
meet ,n a of the ward of eirecto.b o, abet]I we thar orders and
,-esoeuticnt of the Board are uarried out, shall sign all leases,
mortgages, deeds and writeen instrunerts, and shall eu--sign all
cheeks and promissory notes; provided, however, that throe duttee
may hok fulfilled by the Vice Px eeidee►nt In the absenee of the
eeee::, dent.
B. viexe 'dame: lee ice President shall act 'n
the place and stead )f the pr :e: ident in the event of the Presi-
dent's absence, inability or ref_esal to act, end shell l +e verrrt s 'e
end discharge such ether: deti ee as may be required by the Board
C. Secretary: The : Secretary shall record the votes
and keep the ri..nut:es of all meetings and p oce edine a of the Hoard
and of the Melrbers, shall l :Kemp tee corporate sea 3. (if any) of the
Corporation and dfi lx it on all papers rec uLei .g said peal, shall
serve notice oe meetings ot tie 1cr:rf Mel of r_14. Membot-s, eh41 .
keep ,.pprupr. ate current records ehowirg the T +e tnc"^ of 7r
Corporation together with ehe r addresses, as:d hdil perfcr:t such
other duties as required by the Baird, provided, however, that.
the Secretary may utilize the serviass of age.t , e: ployee , or
Members it fulfilling these :iu.tiee as leng ne the secretary
retain lt .na .e responsibility for the fu fillmane of three
dut i e s..
D. Treasurer: They Teeesuree shall eseelve and depu :i
in appropriate ken.k accounts all cones cf the Corporet'.cr< and
shall dLsburse such funds as d:reute~sl . ree oiut.!u. yr the Boa d,
and shall co-sign a .I. checks and pr,In ..sx4r),ry roes of the
earporatio , shall cause an annual independent audit or the
Corporation books to be node 4ncd to deliver a copy thereof to the
Members within te- rty (3 s) ellys of conpletion thereof, and shall
- 12 - ez:t(wee
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 regularmeeting
assembled on the 15th day of July 2025, by the following vote to wit:
AYES: Councilmembers Boller, Daysog, Jensen, Pryor 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 16th day of July 2025.
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
Yibin hen, Attorney
City of AI eda