8K Consent 2006 1218 - Laserfiche WebLink

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OWNER PARTICIPATION AGREEMENT This ("Agreement") is made by and between John "Jake" and Musa Francisco (collectively, "Participant"), the City of San Leandro (collectively, "City") and the Redevelopment Agency of San Leandro together with its employees and Agencies (collectively, "the Agency"), with reference to the following facts: A. Participant is the owner of certain real property located at 1041-1051 MacArthur Boulevard in San Leandro, California ("the Property") and is the operator of a full~service restaurant on the Property known as "Vila Cereja Restaurant. " B. The Agency is responsible for the formulation and implementation of the MacArthur Streetscape Project ("Project") within which the Property is located. C. Participant claims that they have suffered substantial monetary losses to their business, the Vila Cereja Restaurant, caused by the City/Agency in the formulation of the Project and its implementation of the Project to date ("the Claims"). D. The City and Agency maintain that they have no liability based on the Claims. E. The Parties have discussed ways to resolve the Claims and now believe that it is in their mutual interest to resolve the Claims according to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the Parties agree as follows: I. Agency agrees to provide Participant with a grant in the amount of $250,000, in consideration for the cost of construction of fayade improvements and for architcctural and engineering consultant costs previously incurred in connection with improvements made by Participant to the Propel1y. The grant is to be distributed by the Agency to Participant as follows: (1) an advance of $100,000 payable upon execution of the Agreement; (2) $100,000 payable upon issuance of a Building Pertuit for the fayade improvements; and (3) $50,000 payable upon completion with an approved final inspection. The Participant shall submit the final fayade improvement plans for approval by Agency within 60 days of execution ofthe Agreement. All plans are subject to final approval of the Redevelopment Agency. 2. T'he City of San Leandro agrees to vacate a portion of the public right-of-way necessary to allow for the construction of the fayade improvement. It is estimated that an approximately two foot strip ofland is needed along the frontage of the parcel to allow for the permanent improvement. The amount of the actual street vacation is subject to determination by the City Engineer pending receipt of final building plans for the approved fayade improvement. 3. The Agency agrees to provide Participant a separate grant in the amount of $75,000, for the repair, slurry coating and striping of the adjoining parking lot, and for landscape and irrigation improvements along the parking lot frontage. An initial disbursement of $50,000 of the grant will be paid upon acceptance of a Parking and Landscaping Plan prepared by the Agency. The balance of $25,000 shall be paid upon satisfactory completion of the work. 879765-2