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File Number: 13-201 <br />The Reciprocal Easement Agreement and Declaration of Covenants, Conditions, and <br />Restrictions outlines all of the rights and responsibilities of the City and the Chamber as it <br />relates to the Office Parcel, including details about use, maintenance, and access. Included <br />in the terms of use are allowances and restrictions concerning signage, accommodating <br />repairs or improvements to each parcel, and the proper use of the parcels and easement <br />areas. Each party is expected to maintain its parcel and to adhere to certain standards, <br />including those for cleanliness, storage, and exterior appearance. The City grants the <br />Chamber easements for access to all public areas within the Garage and to the Chamber’s <br />Waste Disposal Room, Mechanical Equipment Area, and Parking spaces. Each party is <br />granted Utility and Service Easements for the respective Utility Facilities. <br />The elimination of redevelopment agencies by the State impacted the ability of the <br />City/Agency to exchange the property under the 2008 Lease with Option to Purchase <br />Agreement. The new property exchange agreement allowed for that property exchange as <br />envisioned. It includes the main provisions of the 2008 agreement. The Property Exchange <br />and Indemnity Agreement with One and Only Right of First Offer transfers ownership of the <br />Chamber Property at 262 Davis Street to the City and in exchange transfers ownership of the <br />Office Parcel at the garage to the Chamber. The agreement is an even exchange, meaning <br />that no money is being exchanged, just the real property. The Chamber will be paid the <br />$10,000 promised in the 2008 agreement for its relocation costs to the Garage. The <br />agreement also gives the City the right to make one offer for the parcel if the Chamber desires <br />to sell it. If the Chamber refuses to accept the City’s offer, this right is extinguished. It is the <br />Chamber’s desire to move into the space as soon as possible after the Parcel Map is <br />approved by Council, which occurred on April 15, 2013. <br />Analysis <br />The Parking Authority of the City of San Leandro was established by City Council action on <br />July 31, 1972. On June 20, 1997, the Parking Authority became owner of a portion of the <br />parcels upon which the Downtown Parking Garage was recently constructed. The Parking <br />Authority is a separate entity from the City, and therefore must be included in the transactions <br />involving the property. This action will add the Parking Authority as a party to the two <br />agreements with the Chamber. <br />Current Agency Policies <br />The Transit Oriented Development Strategy adopted by the City Council in September 2007 <br />identified development of Town Hall Square into a mixed use development as a priority. <br />Previous Actions <br />·On September 2, 2008, by Resolution No. 2008-023 RDA, the Agency approved the Lease <br />with Option to Purchase Agreement <br />·On April 1, 2013, by Resolution No. 2013-045, the City Council approved 1) the property <br />exchange agreement and 2) the easement agreement and covenants, conditions, and <br />restrictions (CC&Rs) between the City and the Chamber <br />Environmental Review <br />Page 3 City of San Leandro Printed on 4/30/2013