Resolution 12563CITY OF ALAMEDA RESOLUTION NO. 12563
APPROVING OPERATION AND MAINTENANCE AGREEMENT
FOR HARBOR BAY LAGOONS
WHEREAS, on November 3, 1988, the City Council of the
City of Alameda adopted Resolution No. 11591 approving a Settlement
Agreement between Harbor Bay Isle Associates, Harbor Bay Village
Four Associates, Harbor Bay Village Five Associates, and the City
of Alameda; and
WHEREAS, on April 4, 1989, the City Council of the City
of Alameda adopted Ordinance No. 2426 approving and authorizing
Execution of Development Agreement, Ground Lease Agreement, and
Infrastructure Agreement with Harbor Bay Isle Associates, Harbor
Bay Village Four Associates, and Harbor Bay Village Five
Associates; and
cr WHEREAS, the Settlement Agreement provides for the
0 subsequent implementation of a Development Agreement stating:
"HBI shall complete dredging of the lagoon in Tract
3810 at no cost to City. On completion of all
lagoon conditions including dredging, City shall
accept the Tract 3810 lagoon and thereafter
maintain it for storm drainage purposes."
WHEREAS, the Development Agreement contains four sections
(Sections 2.5.1 through 2.5.4) related to the operation and
maintenance of the lagoon storm drainage systems, and
WHEREAS, a copy of the Development Agreement is on file
at the City Clerk's Office.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Alameda hereby approves the Lagoon Operation and
Maintenance Agreement-and authorizes the City Manager to execute
the Agreement and any other necessary ancillary documents.
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 2nd day of
August , 1994, by the following vote to wit:
AYES: Councilmembers Appezzato, Arnerich, Lucas,
Roth and President Withrow - 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 3rd day of August , 1994.
Diane Felsch, City Clerk
City of Alameda