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Westlake Development Partners, LLC February 4, 2008 property controlled by WDP as well as the remaining BART property at the San Leandro Station. Approximately 500 residential units, commercial development and a parking structure to accommodate the displaced BART parking are anticipated for the future phases of development. The Exclusive Negotiating Agreement will assess the feasibility of development on the Developer Property, East Parking Lot and other BART-owned surface parking areas in a manner consistent with the goals and objectives included in the TOD Strategy. During the eighteen-month period of the ENA, the following issues would be addressed: 1) Terms and conditions for the use of the BART property, including lease and/or sale; 2) Evidence that requisite funding has been obtained; 3) Due diligence efforts to ensure that a proposed project represents the highest and best use of the property and fulfills the City's and BART's development objectives; 4) Discussions with the City to determine its requirements and a schedule for its approval of a project; and 5) In exchange, BART and the City will not negotiate with any other entity for its properties during the 18 month initial term of the agreement. • The BART Board of Directors authorized BART staff to enter into this ENA at their January 24, 2008 meeting. Current City Council Policy The project fulfills the objectives of the recently adopted Downtown San Leandro Transit- Oriented Development Strategy. Previous City Council Action(s) N/A City Council Committee Review and Action The Business and Housing Development Committee received an update of the proposed ENA at their meeting of November 8, 2007. Applicable General Plan Policy The following General Plan policies apply: • Policy 13.04 Transit-Oriented Development - Ensure that properties adjacent to the City's BART stations and along heavily used public transit routes are developed in a way that maximizes the potential for transit use. Such development should be of particularly high quality, include open space and other amenities, and respect the scale and character of nearby neighborhoods. • Policy 14.05 Access to Transit -Promote improvements that encourage walking, cycling, and other forms of non-motorized transportation to and from transit facilities such as BART stations and AC Transit bus lines. Permits and/or Variances Granted N/A