AMG Tolling Agreement 110 E 14th Street 20220307

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Tolling Agreement This Tolling Agreement (Agreement) is made and entered into by and between AMG & Associates, LLC (AMG) and the City of San Leandro (City), collectively referred to as the "Parties." WHEREAS, AMG, through an affiliate holding company, Kingman Pacific Associates, an Arizona limited partnership, owns the property at 110 E. 1411' Street, San Leandro, CA 94577 (Alameda County Assessor's Numbers 076-0271-017-04 and 076- 0271-017-03), and submitted a development application for a Multi -Family Residential Project at that address to the City (the "Project"); WHEREAS, the City approved the Project on October 15, 2020 subject to an Agreement to Conditions and Conditions of Approval; WHEREAS, Conditions of Approval Number VI.27 states that the "Total Park Impact Fee" (the "Park Fee") for the Project "shall be assessed assuming 221 `multi- family' dwelling units (du) as follows... $17,509.00/d[u] or $3,869,489.00' ; WHEREAS, AMG believes that the Park Fee (1) is excessive given the proposed size and configuration of the Project's residential units and, (2) if levied against the Project, would render the Project economically infeasible; WHEREAS, in light of AMG's concerns, on September 14, 2021, AMG submitted a letter pursuant to the Mitigation Fee Act (Gov. Code, § 66020), protesting the City's proposed levy of the fee and agreeing to either tender any required payment in full, or provide satisfactory evidence of arrangements to pay the Park Fee, when levied by the City (the "Protest Letter"); WHEREAS, pursuant to Government Code section 66020, subdivision (d)(2), any legal challenge to imposition of the Park Fee may be filed within 180 days of submission of the Protest Letter; WHEREAS, any legal challenge under the Housing Accountability Act, including a challenge to any condition of approval that renders the Project infeasible for use for very low, low-, or moderate- income households pursuant Government Code section 65589.5, subdivision (d), may be filed within 90 days of the effective date of any final action necessary for the Project to apply for, and obtain, a building permit or permits; WHEREAS, AMG and the City are engaged in good faith negotiations that would, if successful, address AMG's concerns relating to the Park Fee and avoid potential litigation pursuant the Mitigation Fee Act and Housing Accountability Act; and WHEREAS, in order to provide AMG and the City a reasonable opportunity to complete these negotiations as well as time for the City Council to consider taking any necessary actions to implement a proposed resolution of this issue that avoids litigation,