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c. The DDA, Single Family PSA and the form of the Ground Leases were <br />negotiated, prepared and approved by the City and the Developer pursuant to the <br />Exclusive Negotiating Rights Agreement; and <br />d. The Exclusive Negotiating Rights Agreement is an exclusive negotiating <br />agreement within the meaning of Section 54234(a)(1) of the Surplus Land Act; and <br />e. The DDA and the PSA require that the disposition of real property from the <br />City to the Developer or its successors or assigns pursuant to the DDA, Single Family <br />PSA and the Ground Leases will occur prior to December 31, 2022; and <br />f. Under Section 54234(a)(1) of the Surplus Land Act, the disposition of real <br />property from the City to the Developer or its successors or assigns pursuant to the DDA, <br />Single Family PSA and the Ground Leases is subject to the Surplus Land Act as it existed <br />on December 31, 2019, without regard to any subsequent changes made, provided that <br />the disposition of such property is completed not later than December 31, 2022. <br />2. The City Council hereby approves the Second Amendment and authorizes the City <br />Manager to execute the Second Amendment on behalf of the City. <br />3. The City Council hereby directs the City Manager or her designee to transmit a copy of <br />this resolution to the California Department of Housing and Community Development, and to <br />transmit such further documents as are necessary for the Department's review of compliance of <br />this transaction with the requirements of the Surplus Land Act. <br />4. The close of escrow for the sale of land to the Developer pursuant to the Single Family <br />PSA, and the commencement of each of the Ground Leases, shall occur no earlier than thirty <br />days after the submission of this resolution and all accompanying documents to the California <br />Department of Housing and Community Development. <br />Introduced by Councilmember Azevedo and passed and adopted this 2Is' day of June 2022, <br />by the following vote: <br />Members of the Council: <br />AYES: Councilmembers Aguilar, Azevedo, Cox, Lopez, and Cutter (5) <br />NOES: None (0) <br />ABSENT: Co it tubers Bal, e. and Simon (2) <br />ATTEST: <br />I - <br />Leticia I. Phiguel, City Clerk <br />RESOLUTION NO. 2022-086 3 <br />