Laserfiche WebLink
1 <br />DEVELOPMENT AGREEMENT <br />THIS DEVELOPMENT AGREEMENT (this “Development Agreement” or this <br />“Agreement”) is entered into as of ________, 2022 (the “Agreement Date”) by and between <br />the City of San Leandro, a California charter city organized and existing under the laws of the <br />State of California (“City”), and Cal Coast Companies LLC, Inc., a Delaware corporation doing <br />business in California as Cal Coast Developer, Inc. (“Developer”). City and Developer are <br />referred to individually as “Party,” and collectively as the “Parties.” <br />RECITALS <br />This Agreement is entered into upon the basis of the following facts, understandings and <br />intentions of City and Developer: <br />A.The lack of certainty in the approval of development projects can result in a waste <br />of resources, escalate the cost of development, and discourage investment in and commitment to <br />comprehensive planning that would make maximum efficient utilization of resources at the least <br />economic cost to the public. <br />B.In order to strengthen the public planning process, encourage private participation <br />in comprehensive planning and reduce the economic costs and risk of development, the <br />Legislature of the State of California enacted Section 65864, et seq., of the Government Code <br />(the “Development Agreement Legislation”), which authorizes City to enter into a <br />development agreement for real property with any person having a legal or equitable interest in <br />such property in order to establish certain development rights in the property. <br />C.The City and Developer seek the development of certain City-owned property <br />consisting of approximately seventy-five (75) acres located within the City limits in the <br />Shoreline-Marina area, as more particularly depicted in Exhibit A attached hereto (the <br />“Property”). <br />D.The City and Developer have entered into a Disposition and Development <br />Agreement dated July 22, 2020, as amended by that certain First Amendment to Purchase and <br />Sale Agreement and Disposition and Development Agreement dated as of March 17, 2021, and <br />that certain Second Amendment to Purchase and Sale Agreement and Disposition and <br />Development Agreement dated as of June 21, 2022 (as amended, the “DDA”), which provides <br />for City and Developer to enter into certain land disposition agreements, leases, access <br />agreements, construction agreements and other definitive agreements pertaining to the sale or <br />lease of portions of the Property from City to Developer, and for construction of improvements <br />thereon (“DDA Implementation Agreements”), as further described in the DDA. <br />E.Developer desires to develop the Property with a multi-component development <br />that includes, but is not limited to, construction of single family residential units (“Single Family <br />Element”), reconstruction of an existing golf course (“Golf Course Element”), construction of a <br />hotel (“Developer Hotel Element”), construction of a multifamily apartment complex <br />(“Multifamily Element”), construction of a restaurant (“Developer Restaurant Element”), <br />construction of a market (“Market Element”), reconstruction of Monarch Bay Drive <br />(“Monarch Bay Drive Element”), and associated infrastructure and Public Improvements