|
Tolling Agreement
<br />This Tolling Agreement (Agreement) is made and entered into by and between AMG &
<br />Associates, LLC (AMG) and the City of San Leandro (City), collectively referred to as
<br />the "Parties."
<br />WHEREAS, AMG, through an affiliate holding company, Kingman Pacific
<br />Associates, an Arizona limited partnership, owns the property at 15693 E. 1411, Street, San
<br />Leandro, CA 94578 (Alameda County Assessor's Numbers (080C-0500-031-02, 080C-
<br />0500-032, 080C-0500-033 and 80C-0500-005-0133), and submitted a development
<br />application for a Multi -Family Residential Project at that address to the City (the
<br />"Project");
<br />WHEREAS, the City approved the Project on June 16, 2021 subject to an
<br />Agreement to Conditions and Conditions of Approval dated August 3, 2021;
<br />WHEREAS, Conditions of Approval Number VI.20 states that the "Total Park
<br />Impact Fee" (the "Park Fee") for the Project "shall be assessed assuming 498 `multi-
<br />family' dwelling units (du) as follows... $17,509.00/du or $8,719,482.00';
<br />WHEREAS, AMG believes that the Park Fee (1) is excessive given the proposed
<br />size and configuration of the Project's residential units and, (2) if levied against the
<br />Project, would render the Project economically infeasible;
<br />WHEREAS, in light of AMG's concerns, on September 14, 2021, AMG
<br />submitted a letter pursuant to the Mitigation Fee Act (Gov. Code, § 66020), protesting the
<br />City's proposed levy of the fee and agreeing to either tender any required payment in frill,
<br />or provide satisfactory evidence of arrangements to pay the Park Fee, when levied by the
<br />City (the "Protest Letter");
<br />WHEREAS, pursuant to Government Code section 66020, subdivision (d)(2), any
<br />legal challenge to imposition of the Park Fee may be filed within 180 days of submission
<br />of the Protest Letter;
<br />WHEREAS, any legal challenge under the Housing Accountability Act, including
<br />a challenge to any condition of approval that renders the Project infeasible for use for
<br />very low, low-, or moderate- income households pursuant Government Code section
<br />65589.5, subdivision (d), may be filed within 90 days of the effective date of any final
<br />action necessary for the Project to apply for, and obtain, a building permit or permits;
<br />WHEREAS, AMG and the City are engaged in good faith negotiations that
<br />would, if successful, address AMG's concerns relating to the Park Fee and avoid
<br />potential litigation pursuant the Mitigation Fee Act and Housing Accountability Act; and
<br />WHEREAS, in order to provide AMG and the City a reasonable opportunity to
<br />complete these negotiations as well as time for the City Council to consider taking any
<br />necessary actions to implement a proposed resolution of this issue that avoids litigation,
<br />the Parties have agreed to toll the applicable statutes of limitations provided in
<br />
|