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CITY OF SAi~T LEANDRO <br />MEMORANDUM <br />Date: September 18, 2008 <br />To: Shoreline -Marina Committee <br />From: Steve Holliste , nte(`ri~m' City Manager <br />By: Cynthia Battenberg; Business Development Manager <br />Subject: DRAFT EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT <br />Attached please find a draft Exclusive Negotiating Rights Agreement (ENRA) by and between <br />Cal Coast Development, LLC (Cal Coast) and the City of San Leandro (City). The ENRA <br />addresses issues regarding how the City and Cal Coast will negotiate for development of the <br />Shoreline -Marina area over the next 18 - 36 months. The end result of the ENRA will <br />hopefully be an agreement between the City and Cal Coast that includes the terms and conditions <br />regarding development of a project on the site. <br />The ENRA includes the following provisions: <br />• An 18 month term with the ability to extend for a maximum of 18 additional months. <br />• A $50,000 initial deposit to cover the City's third party financial and legal consulting <br />fees, with an additional $25,000 due upon extension of the agreement. <br />• Developer studies, such as financial feasibility, soils, design, etc., shall be at Cal Coast's <br />expense and copies shall be provided to the City within ten business days. <br />• If required, City will select consultant for preparation of the Environmental Impact <br />Report and Developer will pay City and consultant costs. <br />• City and Cal Coast to work cooperatively on hydrology and other tidal action studies. <br />• City to retain ownership of the site. <br />• Requirements for community participation such as involvement in the Shoreline <br />Development Citizens Advisory Committee, community and town hall meetings and <br />general responsiveness to the public. <br />• Requirement that the project be fiscally neutral with respect to the City's General Fund. <br />• Developer and its contractors shall comply with Prevailing Wage Laws and the City of <br />San Leandro Living Wage Ordinance. The Living Wage Ordinance also applies to <br />sublessees. <br />Staff recommends the Shoreline-Marina Committee forward the ENRA to the City Council <br />authorizing the City Manager to enter into the Agreement with Cal Coast for development of the <br />40-acre Shoreline-Marina area opportunity site. <br />\\Ch-fp01\dept$\CM\DEP'T~Office of Business Development~Ivlarina~ENRA~IvlemotoCommittee9-18-08.doc <br />