Reso 2022-187 Nimitz PSA Amend 4

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WHEREAS, the City Council finds that the interests of the City's residents and the public health, safety and welfare will be best served by approving Amendment No. 4 to extend the existing Purchase and Sale Agreement through March 15, 2023 and acquiring the Property. A copy of Amendment No. 4 which has been provided to the City Council and is attached to this Resolution and incorporated herein. NOW THEREFORE the City of San Leandro City Council RESOLVES as follows: 1. The City Council finds that the foregoing Recitals are true and correct and are incorporated into this Resolution. 2. The City Council approves Amendment No. 4 to the Purchase and Sale Agreement for the City's acquisition of the Property pursuant to the terms and conditions set forth in the original Purchase Agreement for an amount not to exceed Six Million One Hundred Fifty Thousand Dollars and no cents ($6,150,000.00). 3. The City Council authorizes the City Manager (or her designee), on behalf of the City, to execute Amendment No. 4 to the Purchase and Sale Agreement substantially in the form that has been presented to the City Council, and to take such other actions as are necessary to carry out the City's obligations under the Purchase and Sale Agreement, including the execution of escrow instructions and closing documents, and to provide any relocation assistance that is required by law. 4. The City Manager and her designees are authorized and directed to close escrow for the acquisition of the Prope Ity if and when the conditions precedent to the acquisition of the Property, as set folth in the Purchase Agreement, have been satisfied. The City Council hereby approves and authorizes the City to disburse closing costs in an amount not to exceed Eighty- Five Thousand Dollars ($85,000) for the acquisition of the Property. 5. The City's acquisition of the Property pursuant to the Purchase Agreement is exempt from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to the Affordable Housing Exemption of Section 15194 of the CEQA Guidelines for a project consisting of the construction, conversion, or use of residential housing consisting of 100 or fewer units that are affordable to low-income households, and pursuant to the Class 1 Exemption of Section 15301 of the CEQA Guidelines for the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Staff of the City shall file a notice of exemption as required by Section 21 152.1 of the Public Resources Code, pursuant to Section 15062 of the CEQA Guidelines. RESOLUTION NO. 2022-187 2