CIC Resolution 11-180COMMUNITY IMPROVEMENT COMMISSION
RESOLUTION NO.
APPROVING AND AUTHORIZING THE CONVEYANCE OF
CERTAIN REAL PROPERTY AND ASSIGNMENT OF CERTAIN
LEASES TO THE CITY OF ALAMEDA IN CONNECTION WITH THE
ALAMEDA THEATER PROJECT
WHEREAS, the City of Alameda ( "City ") adopted a Community
Improvement Plan for the Business and Waterfront Improvement Project
( "Plan ") on June 18, 1991 by Ordinance No. 2559, as amended, pursuant to the
California Community Redevelopment Law (Health & Safety Code Section
33000 et seq.) ( "CRL ") for purposes of redevelopment; and
WHEREAS, the Community Improvement Commission of the City of
Alameda ( "CIC ") is responsible for carrying out the Plan; and
WHEREAS, the CIC entered into a Disposition and Development
Agreement with Alameda Entertainment Associates, L.P. ( "Developer ") dated
May 3, 2005, as amended ( "DDA ") which provided, among other things, for the
acquisition by CIC and redevelopment of certain real property located at the
corner of Central Avenue and Oak Street in the City of Alameda ( "Theater
Project Site "), the restoration of the historic Alameda Theater on a portion of the
Theater Project Site ( "Theater Parcel "), the development of a Cineplex and
ancillary retail /restaurant space on a portion of the Theater Project Site
( "Cineplex Parcel ") and the development of a Civic Center Parking Structure on
the remainder of the Theater Project Site ( "Parking Structure Parcel "); and
WHEREAS, pursuant to the DDA, CIC, as owner and lessor, and
Developer, as lessee, entered into that certain Ground Lease dated March 15,
2007, with respect to the Cineplex Parcel, as amended by the First Amendment
to DDA, Ground Lease and Historic Theater Lease dated July 22, 2009
( "Ground Lease "); and
WHEREAS, pursuant to the DDA, CIC, as owner and lessor, and
Developer, as lessee, also entered into that certain Historic Theater Lease
dated March 15, 2007, with respect to a portion of the historic Alameda Theater
building located on the Theater Parcel, as amended by the First Amendment to
DDA, Ground Lease and Historic Theater Lease dated July 22, 2009 ( "Historic
Theater Lease "); and
WHEREAS, CIC, has also entered into two separate leases with
Burgermeister Management, Inc. and the Alameda Wine Company, LLC, for the
separate retail spaces within the historic Alameda Theater building ( "Historic
Theater Retail Leases "); and
WHEREAS, redevelopment of the Theater Project Site has been
completed in conformance with the DDA and the Plan and the remaining
responsibilities of the CIC under the Ground Lease, Historic Theater Lease and
Historic Theater Retail Leases are only administrative operational tasks that will
require long -term, on -going CIC employee services and, potentially, operation
and maintenance of publicly owned buildings; and
WHEREAS, Section 33678(b) of the CRL prohibits the CIC from utilizing
tax increment revenues to pay for ongoing employee services not directly
related to redevelopment activities and Section 33445(b) of the CRL prohibits
the CIC from paying for normal maintenance or operations of publicly owned
buildings or facilities and, therefore, the CIC wishes to convey to City fee simple
title to the Cineplex Parcel, Historic Theater Parcel and Parking Structure
Parcel and assign to City its related leasehold interests under the Ground
Lease, Historic Theater Lease and Historic Theater Retail Leases, for purposes
of carrying out the administrative operational tasks required to ensure that the
Theater Project Site, and the improvements thereon, including the historic
Alameda Theater, will continue to remain consistent with the Plan for the terms
set forth in the DDA, the Ground Lease, the Historic Theater Lease and the
Historic Theater Retail Leases; and
WHEREAS, pursuant to Section 33430 of the CRL, the CIC may transfer
or assign or otherwise dispose of any real or personal property or any interest in
property; and
WHEREAS, pursuant to Section 33220 of the CRL, certain public bodies,
including the City, may aid and cooperate in the planning, undertaking,
construction, or operation of redevelopment projects, and the City may
purchase, buy or otherwise acquire land in a project area from the CIC for
redevelopment in accordance with the Plan; and
WHEREAS, the City is willing to aid and cooperate with the CIC by
accepting conveyance of the Cineplex Parcel and Historic Theater Parcel and
assignment of the Ground Lease, Historic Theater Lease, and Historic Theater
Retail Leases for purposes of carrying out the Plan.
NOW, THEREFORE, THE COMMUNITY IMPROVEMENT
COMMISSION OF THE CITY OF ALAMEDA DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The CIC hereby approves, authorizes and directs the
Executive Director to convey and transfer fee simple title to the Cineplex
Parcel, Historic Theater Parcel and Parking Structure Parcel to the City and to
take all actions and execute and record all documents as may be required or
deemed necessary by CIC Counsel, including without limitation, grant deeds.
2
Section 2. The CIC hereby further approves, authorizes and directs
the Executive Director to assign to City all of the CIC's interests, rights and
obligations, as lessor, under the Ground Lease, Historic Theater Lease and
Historic Theater Retail Leases and to execute Assignment and Assumption
Agreements substantially in the forms presented to CIC as part of the staff
report for these matters, subject to any minor, technical or clarifying changes
that may be approved by CIC Counsel, and to take such other actions and
execute and record all documents as may be required or deemed necessary by
CIC Counsel to carry out the purposes of this Section 2.
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 Joint Meeting of the City Council and the Community Improvement
Commission held on the 8th day of March, 2011, by the following vote to wit:
AYES: Commissioners Bonta, deHaan, Tam and
Chair Gilmore — 4.
NOES: None.
ABSENT: Commissioner Johnson - 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said
Commission this 9th day of March, 2011.
Lara Weisiger, Secr
Community Improve
Marie Gilmo e, Chair
Community Improvement Commission
y
nt Commission