Reso 2022-132 Town Hall Square PSA 5th Amnd - CC

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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO.2022-132 RESOLUTION OF THE CITY OF SAN LEANDRO CITY COUNCIL TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE FIFTH AMENDMENT TO THE PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN LEANDRO, THE CITY OF SAN LEANDRO, AND BEAM DEVELOPMENT, LLC, FOR SALE OF REAL PROPERTY OWNED BY THE CITY OF SAN LEANDRO WHEREAS, on February 1, 2012, the Redevelopment Agency of the City of San Leandro ("Redevelopment Agency") was dissolved pursuant to Assembly Billx1 26; and WHEREAS, on February 1, 2012, the City of San Leandro became the Successor Agency to the Redevelopment Agency ("Successor Agency"); and WHEREAS, the Redevelopment Dissolution Law (AB I 26, enacted June 28, 2011, as amended by AB 1484, enacted June 27, 2012 and SB 107, enacted on September 22, 2015) and Section 34177 of the Health and Safety Code ("HSC") required the successor agencies, among other things, to expeditiously wind down affairs of each former redevelopment agency ("RDA"), while continuing to meet the former RDA's enforceable obligations, and overseeing completion of redevelopment projects and disposing of the assets and properties of the former RDA, all as directed by the successor agencies' oversight boards pursuant to HSC Section 34179(a); and WHEREAS, HSC Section 341790) provided for the creation of the County of Alameda Countywide Oversight Board ("Countywide Oversight Board") commencing on and after July 1, 2018; and WHEREAS, pursuant to Section 34181(e) of the HSC, the oversight board shall direct the Successor Agency to determine whether any contracts, agreements, or other arrangements between the dissolved redevelopment agency and any private parties should be terminated or renegotiated to reduce liabilities and increase net revenues to the taxing entities, and present proposed termination or amendment agreements to the Countywide Oversight Board for its approval. The Countywide Oversight Board may approve any amendments to or early termination of those agreements if it finds that amendments or early termination would be in the best interests of the taxing entities; and WHEREAS, pursuant to Health and Safety Code Section 34191.5(c), property shall not be transferred to a successor agency, city, county or city and county, unless the Long Range Property Management Plan has been approved by the Oversight Board to the Successor Agency (the "City Oversight Board") and the California Department of Finance; and WHEREAS, the Long Range Property Management Plan was approved by the City Oversight Board on November 5, 2015 and by the California Department of Finance on December 30, 2015; and WHEREAS, the City of San Leandro ("City") is the owner of certain real property with the address of 262 Davis Street, San Leandro, California, also known as Alameda County Parcel Number APN: 075-0001-009-02 (the "City Property"); and