Resolution 14850CITY OF ALAMEDA RESOLUTION NO. 14850
AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS FOR THE
FORMATION OF A COMMUNITY FACILITIES DISTRICT, DESIGNATING
CONSULTANTS, APPROVING AN ACQUISITION AGREEMENT AND
AUTHORIZING AND DIRECTING CERTAIN RELATED ACTIONS W ITH
RESPECT THERETO – ALAMEDA LANDING
WHEREAS, the Community Improvement Commission of the City of Alameda (the
“CIC”) has entered into a Disposition and Development Agreement (Alameda Landing
Mixed Use Project) with Palmtree Acquisition Corporation (“Palmtree”), dated as of
December 5, 2006, the City of Alameda (the “City”) has entered into a Development
Agreement (Alameda Landing Mixed Use Residential Project) with Palmtree, dated as of
January 2, 2007, and the City has entered into a Development Agreem ent (Alameda
Landing Mixed Use Commercial Project) with Palmtree, dated as of January 16, 2007
(collectively, and as each such agreement has been amended and is in effect on the date
hereof, the “Development Agreements”); and
WHEREAS, under and pursuant the State law related to the dissolution of
redevelopment agencies, the City is the successor agency to the CIC; and
WHEREAS, Catellus Alameda Development, LLC (the “Developer”) is the successor
to Palmtree under the Development Agreements; and
WHEREAS, the City has agreed in the Development Agreements to cooperate with
the Developer in the formation of a community facilities district as and when requested by
the Developer in order to finance infrastructure improvements incident to the development
of the land to which the Development Agreements pertain (the “Alameda Landing Area”);
and
WHEREAS, the Developer has requested that the City commence the proceedings
to form a community facilities district; and
WHEREAS, the City Council now desires to direct City staff to take the actions
necessary to present to the City Council the resolutions and other documents needed to
form a community facilities district to include all or a portion of the Alameda Landing Area,
to designate the consultants needed to assist the City in the formation of the community
facilities district, and to approve and authorize the execution and delivery by the City of an
Acquisition Agreement with the Developer related to the construction by the Developer, and
funding by the community facilities district, of infrastructure improvements, all as
contemplated by the Development Agreements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda
that:
1. City staff are hereby authorized and directed to take all actions necessary or
advisable to present to the City Council for its review and approval all proceedings
necessary to create a community facilities district and issue bonds of the City therefor, as
requested by the Developer and as contemplated by the Development Agreements.
-2-
However, the passage of this Resolution shall in no way obligate the City Council to form
any community facilities district or issue bonds of the City for any community facilities
district on terms other than as are fully acceptable to the City Council consistent with the
provisions of the Development Agreements and applicable law.
2. The Acquisition Agreement, in the form on file with the City Clerk, is hereby
approved. The City Manager is hereby authorized to execute and deliver the Acquisition
Agreement in said form, with such additions thereto or changes therein as the City
Manager, upon consultation with the Public Works Director, the City Attorney and Bond
Counsel, shall deem necessary, desirable or appropriate, the approval of such additions or
changes to be conclusively evidenced by the execution and delivery by the City Manager of
the Acquisition Agreement.
3. The firm of Harris & Associates is hereby designated as engineering consultant to
the City with respect to the facilities to be funded by the community facilities district and the
preparation and implementation of the Acquisition Agreement. The firm of NBS is hereby
designated as special tax consultant to assist the City in the formation of the community
facilities district. The firm of Quint & Thimmig LLP is hereby designated as bond counsel
and disclosure counsel to assist the City with the formation of the community facilities
district and the issuance of bonds of the City for the community facilities district. To the
extent the City does not already have contracts with said firms for their services, the City
Manager or City Attorney is hereby authorized and directed to execute agreements with said
firms for their services, each in a form acceptable to the City Attorney or the City Manager
upon consultation with the City Attorney.
4. The Mayor, the City Manager, the Public Works Director, the City Controller, the
Community Development Director, the City Attorney, the City Clerk and all other appropriate
officials of the City are hereby authorized and directed to take all actions necessary or
advisable in furtherance of the purposes of this Resolution.
5. This Resolution shall take effect upon its adoption.
-3-
*******
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 special meeting
assembled on the 23rd day of July, 2013, by the following vote to wit:
AYES: Councilmembers Chen, Daysog, Ezzy Ashcraft, Tam and
Mayor Gilmore – 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 24th day of July, 2013.
Lara Weisiger, City Clerk
City of Alameda