Resolution 11693CITY OF ALAMEDA RESOLUTION NO. 11693
AUTHORIZING EXECUTION OF AGREEMENT WITH HARBOR
BAY ISLE ASSOCIATES PERTAINING TO THE TIMING,
SCOPE AND NATURE OF THE CONCEPTUAL PLANS FOR
THE 7.5 ACRES OF SHORELINE PARK IN TRACT 4500
AND THE FOUR-ACRE PARK IN VILLAGE IV
WHEREAS, in November 1988, the City of Alameda and Harbor
Bay Isle Associates reached an agreement for the "build out" of
the remaining Harbor Bay Isle (HBI) residential and business park
property; and
WHEREAS, as part of said agreement, HBI would dedicate to
the City the remaining approximately 7.5 acres of Shoreline Park
in Tract 4500 and the four-acre park site in Village IV of Tract
3810; and
WHEREAS, an additional provision of said agreement called
for both parties agreeing on or before March 31, 1989, (said date
has been amended to April 4, 1989) to the timing, scope and
nature of the improvements and to the maintenance of the park
areas; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Alameda that the Mayor is hereby authorized and
directed to execute, for and on behalf of the City, that certain
agreement referered to above by and between the City of Alameda
and Harbor Bay Isle pertaining to the timing, scope and nature of
the conceptual plans for the 7.5 acres of Shoreline park in Tract
4500 and the four-acre park in Village IV.
BE IT FURTHER RESOLVED that said Council hereby approves
the City's responsibility for providing maintenance services for
the two parks described above and the 12 to 18 months time line
for construction of said parks (subject to the East Bay Municipal
Utility District's drought planting restrictions).
LL
VILLAGE IV AND TRACT 4500
PARK IMPROVEMENT AND MAINTENANCE AGREEMENT
This AGREEMENT is entered into this 4th day of April,
1989, by and between CITY OF ALAMEDA, a municipal
corporation of the State of California ( "City "), and
HARBOR BAY ISLE ASSOCIATES, a general partnership
( "HBIA "), HARBOR BAY VILLAGE FOUR ASSOCIATES, a limited
partnership ( "HBVFOUR "), and HARBOR BAY VILLAGE FIVE
ASSOCIATES, a limited partnership ( "HBVFIVE ")
(collectively "HARBOR BAY ") pursuant to the settlement
agreement between these parties dated November 3, 1988.
WHEREAS, the settlement agreement requires the parties
to agree on the timing, scope and nature of the
improvements to and maintenance of the entire Tract 4500
shoreline park ( "shoreline park ") and the approximate 4-
acre interior park site in Village IV ( "interior park ");
and
WHEREAS, the parties intend by this agreement to set
forth the general timing, scope and nature of the
improvements to and maintenance of the two park sites;
NOW, THEREFORE, in consideration of the mutual
promises and covenants contained in this agreement and
the transfer of title to and possession of the interior
park and shoreline park to City by Harbor Bay, the
parties agree as follows:
1. Scope and nature of interior park. The parties
intend, subject to obtaining final public input, the
interior park site design to include: a small
recreation building which will provide an office for a
recreation leader, restrooms and storage; a multi-
purpose court area; two children's apparatus areas (one
for tots and one for ages six through ten years); a
general open landscaped area; a multi - purpose playing
field for soccer and softball; and pathways, picnic
tables and barbecues. Night lighting will be provided
for security purposes only and will consist of
downlights attached to building and /or low level lights
adjacent to pathways. The nature and scope of these
improvements are estimated to cost $650,000.00.
2. Timing of planning and construction of interior
park. Design shall have been completed by and on or
before September 30, 1989, City shall-commence
construction of the park improvements, which
construction shall be completed by September 30, 1990.
3. Maintenance of the interior park. City shall
provide maintenance service for the landscaping and
improvements in the interior park equal, at a minimum,
to the maintenance standards in effect on the date of
this agreement for Leydecker Park. The estimated annual
cost of such maintenance is $
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4. Scope and nature of shoreline park. The design
of this approximately 1.2 mile long park with widths
varying from 35 to 100 feet will complete the connection
between the previously completed linear park area in the
Harbor Bay Business Park and the original fourteen acres
of shoreline park in Tract 3810. This will provide a
continuous approximately 3.3 mile park and path system
parallel to the bay edge extending from the business
park to the Bay Farm Island Bridge. The preliminary
development plan for the shoreline park, prepared by
Eldon Beck & Associates was approved by the Planning
Board at its meeting of March 27, 1989. This portion of
the shoreline park will continue the existing emphasis
on pedestrian and bicycle paths of asphalt and
decomposed granite which, for the most part, will be
separated or set adjacent to parallel landscaped berms,
shrubs, grass, native plants, trees and seeding areas.
The shoreline park includes several formal nodal areas,
the largest of which is approximately 1-1/2 acres, to
serve a variety of recreational uses. Restrooms and
benches will also be provided for park users. The plan
for the shoreline park includes an approximately 1000
foot long concrete promenade along the bay edge which
includes bollards linked by chain and built-in formal
planters and seating areas. The estimated cost of
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construction and installation of the improvements to the
shoreline park is $1,850,000.00.
5. Timing of improvement to shoreline park. The
shoreline park will be designed and improved in stages
as the adjacent property is developed and as more fully
described in the Development Agreement entered into
between the parties concurrently.
6. Maintenance of shoreline park. City shall
provide maintenance services for the landscaping and
public access improvements of the Tract 4500 shoreline
park at least to the level of maintenance currently
established and performed for the circulation paths
along the edges of the existing Harbor Bay Lagoon in
Village I through IV. The estimated annual cost of such
maintenance is $ ; a portion of that cost for
the park area in the Business Park may be assessed
against Business Park properties as set forth in the
Development Agreement.
7. Extension of timing. The time of commencement and
completion of construction of improvements as set forth
in paragraphs 2 and 5 shall be extended for such time
period or periods as required by delays imposed by water
restrictions of the East Bay Municipal Utilities
District and/or by lack of funding as provided by the
Development Agreement.
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EXECUTED at Alameda, California on the date first
above-written.
Approved as to form: CITY OF ALAMEDA,
a municipal corporation of
the State of California
City Attorney
Authorized by Council
Resolution No.
Adopted:
By:
Its:
HARBOR BAY ISLE ASSOCIATES,
a general partnership
By DORIC DEVELOPMENT, INC.,
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General Partner
By:
Its:
hbi/park.agr/eli/032989
HARBOR BAY VILLAGE FOUR
ASSOCIATES, a limited
partnership
By DORIC DEVELOPMENT, INC.,
General Partner
By:
Its:
HARBOR BAY VILLAGE FIVE
ASSOCIATES, a limited
partnership
By DORIC DEVELOPMENT, INC.,
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General Partner
By:
Its:
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 regular meeting
assembled on the 4th of April, 1989,
by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Monsef, Thomas
and President Corica - 5.
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said City this 5th day of
April, 1989.
City Cl
of the City of Alameda