Reso 2022-086 2nd amendment to DDA

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WHEREAS, Section 54234(a)(1) of the Surplus Land Act provides that "If a local agency, as of September 30, 2019, has entered into an exclusive negotiating agreement or legally binding agreement to dispose of property, the provisions of this article as it existed on December 31, 2019, shall apply, without regard to the changes made to this article by Chapter 664 of the Statutes of 2019, and all subsequent amendments to this article, to the disposition of the property to the party that had entered into such agreement or its successors or assigns, provided the disposition is completed not later than December 31, 2022"; and WHEREAS, the City and Cal -Coast Companies, LLC entered into an Exclusive Negotiating Rights Agreement dated as of April 12, 2012, as amended and extended, which provided for the City and Cal -Coast Companies, LLC to exclusively negotiate with each other in good faith towards a disposition and development agreement or other agreement for the conveyance of the Shoreline Property to Cal -Coast Companies, LLC and Cal -Coast Companies, LLC's construction and operation of certain improvements thereon; and WHEREAS, Cal -Coast Companies, LLC and Developer are under common ownership and control, and Cal -Coast Companies, LLC designated Developer as the entity to enter into and carry out all responsibilities under the DDA as its assignee and successor in interest with respect to the Shoreline development project; and WHEREAS, the Surplus Land Act Guidelines provide that a local agency which determines that property is exempt from the Surplus Land Act shall support such a determination with written findings and shall provide a copy of the written determination to the California Department of Housing and Community Development at least 30 days prior to disposition; and WHEREAS, the City Council desires to make certain findings with respect to the exemption of the sale of City -owned property pursuant to the Single Family PSA and the ground lease of City -owned property pursuant to the Ground Leases from the existing version of the Surplus Land Act; and WHEREAS, the City Council now desires to approve the Second Amendment. NOW THEREFORE the City Council of the City of San Leandro HEREBY RESOLVES as follows: 1. The City Council hereby finds and determines that: a. The City and Cal -Coast Companies, LLC entered into an Exclusive Negotiating Rights Agreement with respect to the disposition of the Shoreline Property to the Developer or its successors or assigns prior to September 30, 2019; and b. Developer is the designee, assignee and successor in interest to Cal -Coast Companies, LLC with respect to the Shoreline development project; and RESOLUTION NO. 2022-086 2