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CIC Resolution 03-119COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA RESOLUTION NO. 03-119 AUTHORIZING THE EXECUTIVE DIRECTOR OF THE COMMUNITY IMPROVEMENT COMMISSION TO EXECUTE A THIRD AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE COMMUNITY IMPROVEMENT COMMISION OF THE CITY OF ALAMEDA AND CATELLUS DEVELOPMENT CORPORATION WHEREAS, on June 1, 2000, the Community Improvement Commission ( "CIC ") pursuant to Resolution #00 -88 authorized the Executive Director to execute a Disposition and Development Agreement (hereinafter referred to as the "DDA ") with the Catellus Development Corporation ( "Developer ") for the sale and development of certain property at the Fleet Industrial Supply Center and East Housing portion of the Naval Air Station, the ( "Property "); and WHEREAS, on June 16, 2000, the parties executed the DDA; and WHEREAS, the CIC and Developer have entered into other agreements related to the DDA including a Joint Implementation Agreement dated May 31, 2000, a Development Agreement dated June 6, 2000, and Construction Reimbursement Agreement ( "CRA ") dated August 21, 2001 in order to assure the timely and orderly development of the Property, as contemplated by the DDA; and WHEREAS, previously on May 13, 2000, the City of Alameda certified the Final Environmental Impact Report ( "Final EIR ") of the Catellus Mixed Use Development; and WHEREAS, on December 18, 2001, the City of Alameda approved an Addendum to the Final Environmental Impact Report ( "Addendum ") for the DDA. The EIR and Addendum are hereinafter referred to collectively as the "EIR "; and WHEREAS, on December 18, 2001, the CIC pursuant to Resolution #01 -99 authorized the Executive Director to amend the original DDA, as amended by the First Amendment to the DDA, to address the Settlement Agreement by and between the City and Renewed Hope dated March 20, 2001; and WHEREAS, on December 19, 2001, the parties executed the First Amendment to the DDA; and WHEREAS, on March 18, 2003, the CIC pursuant to Resolution #03 -110 authorized the Executive Director to execute a second amendment to the DDA to address a revised project phasing schedule, shortfall lending by the developer and security to be provided to developer for funds lent to the CIC for demolition and backbone infrastructure for the residential project; and WHEREAS, the primary intent of the Third Amendment to the DDA is to provide for the release of a 3.437 -acre parcel from Catellus' development obligations pursuant to the DDA; and WHEREAS, as part of the approvals for sale and development of the property, the City has undertaken, pursuant to the California Environmental Quality Act (Public Resources Code 21000 et seq., hereinafter "CEQA "), the required analysis of the environmental impacts of sale and development of the property. The EIR adequately describes the project (sale and development of the property) for purposes of CEQA and this Third Amendment to the DDA is being entered into based on the CIC's determination that there are no significant environmental impacts which have not been analyzed pursuant to the EIR; and WHEREAS, the CIC has determined that by amending the DDA: The CIC will further encourage the productive use and timely redevelopment of underutilized former military base property. NOW, THERFORE BE IT RESOLVED, that the CIC finds the proposed Third Amendment to the DDA with the Developer for the Sale and Development of the Fleet Industrial Supply Center and the East Housing portion of the Naval Air Station to be consistent with the Business and Waterfront Improvement Project and the City of Alameda General Plan. BE IT FURTHER RESOLVED, that the CIC hereby authorizes the Executive Director to enter into the Third Amendment (on file in the Office of the City Clerk) with Catellus Development Corporation subject to any minor conforming, technical or clarifying changes approved by the Executive Director and CIC counsel. The Executive Director is hereby further authorized and directed to take such further actions and execute such other documents as are necessary to carry out the Third Amendment. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the City of Alameda in a Special Community Improvement Commission meeting assembled on the 18th day of November, 2003, by the following vote to wit: AYES: Commissioners Daysog, Gilmore, Matarrese, and Chair Johnson - 4. NOES: Commissioner Kerr - 1. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this 19th day of November, 2003. Lara Weisiger, Secretary Community Improvement Commission BeV"Cny Johnson, • Chair Community Improvem ission