Loading...
HomeMy Public PortalAbout38. Resolution OB-0331 12/16/2015 LONG RANGE PROPERTY MANAGEMENT PLAN LIVERMORE SUCCESSOR AGENCY INTRODUCTION In 2011, the California legislature adopted ABx1 26 to dissolve redevelopment agencies in California. Subsequently, in 2012 the legislature adopted AB 1484 to further guide the dissolution process. Collectively, those two bills are referred to as the “dissolution legislation.” On February 1, 2012, the Redevelopment Agency of the City of Livermore (“former- RDA”) was dissolved. Effective that date, the Livermore Successor Agency (LSA) was authorized to satisfy the former-RDA’s enforceable obligations and to otherwise administer the wind down of the former-RDA. Also effective that date, the City of Livermore became the successor to the former-RDA’s housing functions, and was to receive the former-RDA’s housing assets. One of the key components of AB 1484 is the requirement that all successor agencies develop a long range property management plan to address the disposition and use of the former redevelopment agency’s property. This document is the Long Range Property Management Plan for the LSA. The Long Range Property Management Plan inventories the former-RDA’s properties currently held by the LSA and describes: how each site was acquired, the funding used to acquire the site and the former-RDA’s and the City’s plans for the development and use of each site. When appropriate the Long Range Property Management Plan also includes the history of previous development proposals and site activities. These proposals are derived from goals established in the City’s Downtown Specific Plan as well as the former-RDA’s Five Year Plans (Five Year Plans). The Long Range Property Management Plan recognizes that the LSA’s Oversight Board has already approved the transfer of the former-RDA’s housing assets to the City of Livermore as the successor to the former-RDA’s housing function. It also recognizes that the LSA’s Oversight Board has already approved the transfer of the former-RDA’s real property that was constructed and used for governmental purposes (“Governmental Purpose Assets”). However, since those properties have already been transferred, they are not subject to the Long Range Property Management Plan and are listed here to provide context. All of the properties included in the LSA’s inventory have been acquired in an effort to redevelop and revitalize the portion of the City known as the Downtown Project Area. These efforts are derived from the goals and policies set forth in the City’s Downtown Specific Plan, and the former-RDA’s Five Year Plans. They include: 2 12/16/2015 Downtown Specific Plan • Facilitate the development of a mixed-use housing project and a 500-space parking garage on the former Lucky Shopping Center site (Livermore Village). • Continue to promote the Downtown as a “Center for the Arts”. • Build on the high quality stock of historic structures to set the tone for design in the Downtown. • Take every opportunity to revive the Downtown’s role as a primary job center. • Maximize transit opportunities for commuters to conveniently travel to Downtown Livermore. • Promote and facilitate the development of new housing opportunities within the Downtown Project Area. Increase the amount of affordable housing using a variety of local, state and federal resources. • Increase the economic vitality of the Downtown. Former-RDA’s Five Year Plans • Acquire and assemble parcels to facilitate redevelopment. • Encourage infill, rehabilitation and re-use development that is sensitive to and appropriate in the surrounding area. • The elimination of environmental deficiencies in the Project Area, including, among others, small and irregular lots, and properties containing obsolete and aged building types, substandard alleys and inadequate or deteriorated public improvements. • The development of a boutique hotel to complete the Livermore Valley Center Project. • The promotion of additional art, cultural, and entertainment opportunities. • Rehabilitation and re-use of Heritage properties. • Small scale projects to help eliminate blight, jump-start redevelopment on a particular block, or to assist with a particular project type. • The provision of adequate land for parking and open space. • Pedestrian improvements to enhance circulation throughout the Downtown Project Area, facilitate transit orientated development, and allow residents to easily and safely walk to transit services for transportation to work and other activities. CATALYST PROJECTS An important component in the future economic success and vitality of the Downtown are the goals to develop the key catalyst sites identified in the Downtown Specific Plan and in the former-RDA’s Five Year Plans. Key Catalyst projects outlined in the Downtown Specific Plan and the former-RDA’s Five Year Plans include: • Livermore Village – Acquisition of land and development of a proposed 260 3 12/16/2015 unit high density residential development near transit with an affordable component for families, seniors and the disabled. • Swenson/Groth Brothers Residential Development - Facilitate the private development of the Groth Brothers site into a mixed-use housing project with up to 30,000 square feet of retail on First Street. • Downtown Hotel - Development of an 80-120 room boutique hotel that will increase the economic vitality of the Downtown by encouraging visitors from outside the area to increase their stay in the Downtown. In addition, the City’s development of dilapidated and underutilized properties and preparation of these properties for redevelopment will eliminate blight caused by incompatible land uses, deteriorated buildings, poor circulation and access, and poor design. The former-RDA’s plans for the Livermore Village site, additional Downtown parking, and a variety of other mixed-use and housing infill projects will contribute to the further economic recovery of the Downtown and further assist in the eliminate of blight in the redevelopment project area. SUMMARY OF THE LSA’S PROPERTY INVENTORY On January 1, 2011, the former-RDA possessed thirty-one (31) properties that fit into five categories: • Future Development • Sale of Property • Enforceable Obligations • Affordable Housing Sites • Governmental Purpose Assets Following the direction provided by the dissolution legislation, the LSA’s Oversight Board has approved the transfer of the housing sites, along with other housing assets, to the City of Livermore as the successor to the former-RDA’s housing functions. In addition, the LSA’s Oversight Board also approved the transfer for the former-RDA’s governmental purpose assets to the City of Livermore. Therefore, this report is intended to address the remaining inventory of the former- RDA’s property held by the LSA, but for context also identifies the properties the LSA’s Oversight Board previously approved for transfer from the former-RDA to the City. Properties Currently Held the by LSA and Awaiting Disposition 1. Future Development 1.1 2205 Railroad Ave. APN 098-0407-029-02 1.2 30 S. Livermore Ave. APN 098-0407-013-00 4 12/16/2015 2. Future Development 2.1 2324 Second Street APN 097-0110-013-00 3. Housing Assets 3.1 Railroad Avenue APN 098-0289-018-00 3.2 29 S Livermore Avenue APN 098-0289-019-00 3.3 43 S Livermore Avenue APN 097-0001-032-00 4. Sale of Property 4.1 East Stanley Boulevard APN 099-0175-025-00 4.2 Arroyo Mocho APN 099-0175-026-00 Properties Previously Approved for Transfer to the City by the Oversight Board A. A.1 A.2 A.3 A.4 A.5 A.6 A.7 A.8 Housing Assets 2093 Railroad Ave and 22 South L St 2047 First Street 2121 Railroad Avenue 2139 Railroad Avenue 1635 Chestnut Street 241 North M Street 242 North N Street 318 S. Livermore Ave. APN 098-0289-021-00 APN 097-0013-009-00 APN 098-0289-020-00 APN 098-0289-002-01 APN 098-0290-006-07 APN 098-0290-011-01 APN 098-0250-001-03 APN 098-0250-002-04 APN 097-0108-018-00 B. B.1 Governmental Purpose 62-90 South L Street APN 097-0001-026-01 B.2 B.3 B.4 B.5 B.6 B.7 B.8 B.9 B.10 50 South L. Street 2056-2068 First Street 2450 First Street Railroad Avenue 2350-2418 Railroad Ave. 159 North I Street 2216 Railroad Avenue 2164 Second Street 2890 Fourth Street APN 097-0001-026-02 APN 097-0001-036-00 APN 098-0407-026-00 APN 098-0407-030-02 APN 098-0260-018-03 APN 098-0260-018-04 APN 098-0260-017-02 APN 098-0280-001-02 APN 098-0280-002-01 APN 098-0280-002-02 APN 098-0280-008-03 APN 098-0280-008-08 APN 097-0014-003-04 APN 097-0152-003-00 USE OF REMAINING REDEVELOPMENT AGENCY BOND PROCEEDS 5 12/16/2015 a. Bireley Site Acquisition b. Predevelopment Funding for the L Street Parking Structure c. Thoroughfare Site Acquisition d. Mills Square Park Renovation e. First Street Infrastructure Improvements ALLOCATION OF PROCEEDS FROM DISPOSITION OF PROPERTIES At such time that properties currently held by the Livermore Successor Agency are to be disposed of and there are proceeds from the disposal, the Alameda County Auditor Controller will allocate the proceeds to Affected Taxing Entities. The LSA has contacted the Alameda County Auditor Controller to discuss this. The plan in place is that the Affected Taxing Entities will be paid using the same allocations derived from the AB1389 process that the former Redevelopment Agency used for prior pass through payments. Per the statute, the County Auditor Controller will distribute any proceeds received. Below are the allocations for the Affected Taxing Entities. Fund No.Taxing Entity Wt. Avg. Share 1005 COUNTY - GENERAL FUND 24.1409504% 3003 CHABOT-LAS POSITAS COLLEGE 2.7382134% 3032 LIVERMORE VALLEY UNIFIED 21.5264712% 4006 CO. SUPT.TMR EC. 1887 0.1125463% 4007 CO. SUPT.PH EC 1856 0.4191440% 4008 CO. SUPT. TMR PH CAP 0.0093505% 4009 CO. SUPT. TMR PH TUIT 0.0566570% 4010 CO. SUPT INST PUPILS 0.1797689% 4011 CO. SUPT JUV HALL ED 0.0371997% 4012 CO. SUPT. SERVICE 0.1117300% 4013 CO. SUPT. CAPITAL 0.0860807% 4015 CO. SUPT. DEV.CENTER 0.1045046% 4020 CO. SUPT. AUDIO VIS. CAP 0.0223967% 7070 FLOOD CONTROL 0.1561717% 7106 FLOOD CONTROL ZONE 7 1.6196692% 7115 B. A. AIR QUALITY MGMT 0.2269292% 7135 MOSQUITO ABATEMENT 0.1087920% 7165 BART 0.6664501% 7175 LARPD 7.7493014% 7375 ALA.CO.RES.CONSV 0.0050970% 9070 CITY OF LIVERMORE 17.5584085% 9892 ERAF 22.3641673% Total:100.0000000% 6 12/16/2015 PROPERTIES CURRENTLY HELD THE BY LSA AND AWAITING DISPOSITION 1. FUTURE DEVELOPMENT 1.1 - 2205 Railroad Avenue (future Hotel site - parcel #1) (SpeeDee Oil Change and Auto Service) APN 098 0407 029 02 Property History/Description - This 47,535 square foot site was purchased with Tax Allocation Bond (TAB) proceeds for $2,115,000 in 2002 as one of an assemblage of parcels acquired for the development of a Downtown boutique hotel. The development of a hotel is a critical economic development component proposed for the Downtown as outlined in the Downtown Specific Plan, as well as in the former- RDA’s Five Year Plans which state as a goal to “Complete the Livermore Valley Center catalyst site through the development of a boutique hotel at the southeast corner of South Livermore Avenue and Railroad Avenue”. The economic enhancement provided by such a development will increase the economic vitality of the Downtown Project Area and thus increase property values throughout the region. In 2011, the City identified an experienced and financially capable hotel developer who has proposed for the site a premium hotel with ground floor restaurants, conference space and a day spa. In order to make the project work financially the developer requested that the land for the site be provided at no cost. The project has been put on hold pending the results of the disposition of the property through the former-RDA dissolution process. The site contains a 20 year old commercial building occupied by an oil change business (SpeeDee Oil Change and Auto Service) which leases the site from the LSA for $8,250 per month. Ongoing property management expenses are $400 per month. Because of the nature of the business and the length of time it has been in operation, the site is considered to be a Brownfield. As outlined in the City’s Downtown Specific Plan and in the former-RDA’s Five Year Plans the hotel development is seen as a crucial catalyst project that will increase the economic vitality of the Downtown and former Redevelopment Area. Also on this and two adjoining sites (one previously owned by the former-RDA and the other continuously owned by the City and never possessed by the former-RDA) is an improved parking lot, with 43 of the 61 total spaces falling within the boundaries of this site. The parking lot is leased for a dollar per year to the owner of the adjacent retail/office center. Original Purchase Price/Est. Current Value - No estimate has been done on the value of the business or the potential cost, if any, of any brownfield remediation. When considering the value of the land versus what the site could sell for, the City and the LSA must take into account the restriction placed on sales price for properties purchased with Tax Allocation Bond proceeds. The current cap on sale proceeds may prevent the land from being sold in a way that provides proceeds and may instead be required to be provided at no cost as part of the development of the project. The site is also zoned exclusively for hotel uses with the existing use being nonconforming which further restricts the potential resale value of the site. 7 12/16/2015 Board Approvals - The site is currently held in the name of the LSA therefore there have been no approvals by the LSA’s Oversight Board. Development Goals - The goal for this site under the Long Range Property Management Plan is to transfer the site from the LSA to the City where it can be combined with the City owned site (APN 098 0407 029 02) and the site at 30 South Livermore Avenue (see Item 1.2) and allow the site to be developed into a boutique hotel. Proposed Disposition - The site will be transferred from the LSA to the City whereby it will be combined with the adjacent sites for use in the development of a boutique hotel per the City’s Downtown Specific Plan and the former-RDA’s Five Year Plans and the City intends to enter into a compensation agreement with each of the Affected Taxing Entities (ATE). See Exhibit 1.1 for back-up documents. 8 12/16/2015 1.2 - 30 South Livermore Avenue (future Hotel site - parcel #2) APN 098 0407 013 00 Property History/Description - Owned by the LSA this 4,443 square foot parcel adjoins the previously described site and consists entirely of the improved parking lot which is leased for a dollar per year to the owner of the adjacent retail/office center. Current zoning for the site is the Downtown Specific Plan Core Area within a Sub-area which allows only for the development of the site into hotel and hotel type uses. Per the City’s Downtown Specific Plan and the former-RDA’s Five Year Plans the development goal for the site is to combine it with the adjacent City owned parcel at 2205 Railroad Avenue (APN 098-0407-029-02) and the adjoining City-owned site (APN 098-0289-013-11) in order to develop an 80 - 120 room boutique hotel. The development of a hotel in the Downtown is included in the former-RDA’s Five Year Plans as, “Complete the Livermore Valley Center catalyst site through the development of a boutique hotel at the southeast corner of South Livermore Avenue and Railroad Avenue.” As stated above, the City identified and an entered into an exclusive rights to negotiate agreement with an experienced financially capable hotel developer who proposed the building of a premium hotel with ground floor restaurants, conference space and a day spa. In order to make the project work financially the developer requested that the land for the site be provided at no cost. The project has been put on hold pending the results of the disposition of the property through the former-RDA dissolution process. Original Purchase Price/Est. Current Value - This parcel was purchased in June 2005 for $485,000. When considering the value of the land versus what the site could sell for, the City and the LSA must take into account the restriction placed on sales price for properties purchased with Tax Allocation Bond proceeds. The current cap on sale proceeds may prevent the land from being sold in a way that provides proceeds and may instead be required to be provided at no cost as part of the development of the project. Board Approvals - The site is currently held in the name of the LSA therefore there have been no approvals by the LSA’s Oversight Board. Development Goals - The goal for this site under the Long Range Property Management Plan is to transfer the site from the LSA to the City where it can be combined with the City-owned site (APN 098-0289-013-11) and the site at 2205 Railroad Avenue (see Item 1.1) and allow the site to be developed into a boutique hotel. 9 12/16/2015 Proposed Disposition - The site will be transferred from the LSA to the City whereby it will be combined with the adjacent sites for use in the development of a boutique hotel per the City’s Downtown Specific Plan and the former-RDA’s Five Year Plans and the City intends to enter into a compensation agreement with each of the Affected Taxing Entities (ATE). See Exhibit 1.2 for back-up. 10 12/16/2015 2. Future Development 2.1 - 2324 Second Street (former SBC building site) APN 097 0110 013 00 Property History/Description - This site consists of a 4,130 square foot building with a 3,140 square foot basement situated on a 12,662 square foot parcel. Built in 1922, the building was the location of the former AT&T Switching Station and is listed by the City as a site of historic significance. The site was purchased on December 7, 2004 for $780,000 using City Certificates of Participation (COPS) - non redevelopment funds provided by the City. These funds will need to be repaid to the City if the building is sold. In August 2011, the City and former-RDA issued a Request for Proposals (RFP) in order to seek out an economically feasible, adaptive reuse of this historic site. Several proposals were received and the former-RDA and the City selected a developer (Mike Messinger) who agreed to purchase the site for the appraised value of $450,000 and renovate and convert the building to a restaurant use. The project is currently on hold until final resolution of the disposition of the property has been determined. The development of this site supports the stated goals of the former-RDA’s Five Year Plans that includes,“…rehabilitation of structures and improvements by present owners, their successors and the Agency…” and the goal of the Downtown Specific Plan to build on the high-quality stock of historic structures to set the tone for design in the Downtown. Original Purchase Price/Est. Current Value - The site was purchased in December 2004 for $780,000 using Certificates of Participation Funds from the City and as such, ownership was held in trust for the City by the former-RDA until a developer could be identified. In August 2011, the former-RDA and the City selected a developer who agreed to purchase the site for $450,000. The agreed upon price reflects the current market value of the building. In its letter dated August 31, 2012, the DOF confirmed that the property was purchased using City Certificates of Participation Funds and should not have been listed with former Redevelopment Agency Assets. Board Approvals - The transfer of the property from the former-RDA to the City as an asset held in trust for the City by the former-RDA was confirmed by the LSA’s Oversight Board on May 16, 2012. The LSA’s Oversight Board then reconfirmed the transfer on October 17, 2012, and again reconfirmed it on June 5, 2013. Development Goals - When developed as planned, the building will become a viable commercial/ restaurant use that would generate sales and property taxes. The City intends to enter into a compensation agreement with each of the Affected Tax Entities (ATE), however, the City’s $780,000 Certificates of Participation would still need to be repaid. Because the building is now worth less than when it was purchased in 2007 ($780,000) there would be no funds remaining for disbursement once this obligation is met. 11 12/16/2015 Proposed Disposition - Under the LRPMP the site will be transferred from the LSA to the City. Upon transfer the site will be sold to the selected developer at the agreed to price and developed for restaurant use. Any proceeds derived from the sale will be used to repay the City’s Certificates of Participation. See Exhibit 2.1 for back-up documents. 12 12/16/2015 3. HOUSING ASSETS ( FORMERLY ENFORCEABLE OBLIGATIONS) 3.1 – High Density Mixed Income Housing Development (Former Regional Performing Arts Theater) Railroad Ave, Livermore APN 098 0289 018 00 Property History/Description - In 2004 the City and the former-RDA entered into a Disposition and Development Agreement with the Livermore Valley Performing Arts Center, a 501(C)(3)nonprofit organization to develop the site into a 2,000 seat Regional performing arts theater. The DDA was amended to develop the Theater on this site in May 2009, and in December 2009 and on February 14, 2011 (2011-DDA). . Because of the RDA dissolution process the project was unable to obtain the Bond financing needed and the project will not move forward. Consequently the DOF executed a settlement agreement that removed the DDAs from the enforceable obligation payment schedule and replaced it with the settlement amount. The Settlement Agreement was approved by the City Council in Capacity as the Livermore Successor Agency on October 6, 2014, Resolution number LSA 2014-01. The termination of the Regional Theater DDA was approved by City Council on November 24, 2014, Resolution number 2014-196 and by the LSA November 24, 2014, resolution number LSA-2014-04. The Oversight Board approved the settlement agreement on October 1, 2014, resolution number OB-018 and approved the termination of the Regional theater DDA on December 3, 2014, Resolution number OB-19 and then again on February 18, 2015 resolution number OB-24. The result is that the Regional Theater sites will not be developed as enforceable obligations and should instead be transferred as Housing Assets from the LSA to the City as the former-RDA’s housing successor. The site was originally part of the 5.5 acre Livermore Village site (APN 098-0289-021-00) that was acquired by the RDA for the development of a high density mixed income affordable housing project using local housing trust funds provided by the City. In 2009, approximately 1.5 acres of the eastern portion of the site was made into a separate parcel designated for the proposed 2,000 seat Regional Theater. The City and the former-RDA issued two Requests for Proposals for the remaining 3.5 acres of land for the development of a high density residential project. Because of market conditions, the City did not move forward on any of the proposals received. Since the development of the theater will not move forward, the site will be recombined with the 3.5 acre parcel and return to its original purpose and be developed into a high density mixed income housing development. Original Purchase Price/Est. Current Value – The former-RDA purchased the entire 5 acre Lucky’s site for approximately $10,100,000 in 2008 using local housing trust funds. In 2010 a Parcel Map divided the site and created the Livermore Village parcel, theater parcel, and plaza parcel. Current book value of all three parcels is $9,203,148.65. The former theater site parcel is approximately one acre in size giving it an estimated prorated book value of $1,840,630. 13 12/16/2015 Board Approvals – The LSA’s Oversight Board approved the transfer of this property to the City as a high density residential development site, along with the approval of the Long Range Property Management Plan, at its December 13, 2014 meeting. Development Goals –The Long Range Property Management Plan goal for this site is for it to be developed into a mixed income, high density residential project. Proposed Disposition - Under the dissolution legislation, all properties purchased by the former-RDA for use in the development of affordable housing shall remain with the identified housing successor agency in order to be developed into affordable housing. Because this property was originally acquired using local housing trust funds provided by the City, this property is a Housing Asset and should be transferred to the City, as the Housing Successor Agency, for development of affordable housing as originally proposed at the time of acquisition. This site did not receive funding from the former-RDA housing set-aside funds. Per the Long Range Property Management Plan goals and the goals established for the downtown under the Downtown Specific Plan and the RDA 5 Year Plan, the site will be transferred to the City where by it will be combined with the adjacent sites for use in the development of a high density mixed income residential project. See Exhibit 3.1 for back-up documents. 14 12/16/2015 3.2 - High Density Mixed Income Housing Development 29 S Livermore Ave (Former Plaza) APN 098 0289 019 00 Property History/Description – This approximately .5 acre RDA owned site was the location for the proposed Regional Theater Plaza to be built in conjunction with the 2,000 seat Regional Theater to be located on the parcel adjacent to this site. Because of the RDA dissolution process the project has been was unable to obtain the Bond financing needed and the project will not move forward. Consequently the DOF executed a settlement agreement that removed the DDAs from the enforceable obligation payment schedule and replaced it with the settlement amount. The Settlement Agreement was approved by the City Council in Capacity as the Livermore Successor Agency on October 6, 2014, Resolution number LSA 2014-01. The termination of the Regional Theater DDA was approved by City Council on November 24, 2014, Resolution number 2014-196 and by the LSA November 24, 2014, resolution number LSA-2014-04. The Oversight Board approved the settlement agreement on October 1, 2014, resolution number OB-018 and approved the termination of the Regional theater DDA on December 3, 2014, Resolution number OB-19 and then again on February 18, 2015 resolution number OB-24. The result is that the Regional Theater plaza site will not be developed as an enforceable obligation and shall instead be transferred as a Housing Asset from the LSA to the City as the former-RDA’s housing successor. The .5 acre plaza site was originally part of the 5.5 acre Livermore Village site (APN 098 0289 021 00) that was acquired by the RDA for the development of a high density, mixed income, affordable housing project using local housing trust funds provided by the City. In 2009, approximately 1.5 acres of the eastern portion of the site was made into a separate parcel designated for the proposed 2,000 seat Regional Theater and plaza. With the demise of the Regional Theater project the site will no longer be used for a plaza for a Regional Theater. The site will now revert back to its original purpose and be combined with the adjacent Livermore Village Parcel to be developed into a high density mixed income residential project. Original Purchase Price/Est. Current Value – The former RDA purchased the entire 5 acre Lucky’s site for approximately $10,100,000 in 2008 using local housing trust funds provided by the City. In 2010 a Parcel Map divided the site and created the Livermore Village parcel, theater parcel, and plaza parcel. Current book value of all three parcels is $9,203,148.65. The former plaza site parcel is approximately one half acre in size giving it an estimated prorated book value of $920,315. Board Approvals - The LSA’s Oversight Board approved the disposition of the site as a high density residential development along with the approval of the Long Range Property Management Plan at its December 3, 2014 meeting. Development Goals - The Long Range Property Management Plan goal for this site is for the site to be recombined with the Livermore Village site and revert back to its original purpose of development into a mixed-use, high density residential project. 15 12/16/2015 Proposed Disposition - Under the dissolution legislation, all properties purchased by the former-RDA for use in the development of affordable housing shall remain with the identified housing successor agency in order to be developed into affordable housing. Because this property was originally acquired using local housing trust funds provided by the City, this property is a Housing Asset and should be transferred to the City, as the Housing Successor Agency, for development of affordable housing as originally proposed at the time of acquisition. This site did not receive funding from the former- RDA housing set-aside funds. Per the Long Range Property Management Plan goals and the goals established for the downtown under the Downtown Specific Plan and the RDA 5 Year Plan, the site will be transferred to the City whereby it will be combined with the adjacent sites for use in the development of a high density mixed income residential project. See Exhibit 3.2 for back-up documents. 3.3 43 Livermore Avenue APN 097-0001-032-00 This driveway parcel was originally not included in the Long Range Property Management Plan as it was a property that was to be combined with the property located at 2093 Railroad Avenue (APN 098 0289 021 00) as a housing asset used as a street to serve the Livermore Village Site. A Lot Line Adjustment (LLA) 10-001 Certificate of Compliance was recorded June 30, 2010 Series 2010183153. It essentially certifies that the merger of the access strip into the remainder parcel by “removal of lot lines” is in compliance with the Map Act and local zoning ordinance. Upon recordation of the LLA 10-001 a Grant Deed must be recorded in order to deed (or merge) this access strip into the larger remainder parcel. The Grant Deed has not been completed yet. The LSA will complete the transfer to the City so that the property can be used as originally planned. This property also is classified as governmental purpose as it is to be dedicated to the City as a road for access to the housing project on the Livermore Village Site. 16 12/16/2015 17 12/16/2015 4. Sale of Property 4.1- East Stanley Boulevard (vacant lot) APN 099 0175 025 00 Property History/Description - This remnant parcel was part of a former proposed BART site jointly purchased by the City and the former-RDA in December 2001. The entire 10.5 acre parcel was purchased for $699,135. In 2001 the site was divided into separate parcels two of which were developed into the Heritage Estates Affordable Senior Housing Project along with two remainder parcels. This first remainder parcel is approximately 26,476 square feet in size and is vacant and undeveloped. The site is a long triangular shape parcel zoned for commercial development. The site is land locked with railroad tracks to the north and a privately owned parcel to the south making access onto Stanley Blvd difficult. It also lies within the setback area of the Arroyo Mocho. Because of its proximity to the Railroad tracks, residential uses have been ruled out as economically infeasible. Over the last ten years proposals have been made by several developers to combine the site with an adjacent privately owned parcel and develop the site into either an automotive or restaurant use. Despite the former- RDA’s willingness to provide these parcels at little or no cost, the proposed projects did not move forward and the site remains undeveloped. Original Purchase Price/Est. Current Value - This parcel is an undeveloped remainder parcel. No appraisals have been conducted on this site. Board Approvals - The transfer of the property from the former-RDA to the City for a governmental purpose was confirmed by the LSA’s Oversight Board on June 6, 2012. The LSA’s Oversight Board then reconfirmed the transfer on October 17, 2012. Development Goals - The goal of the site under the Long Range Property Management Plan is to sell the property through the dissolution process. When sold the LSA intends to distribute the proceeds to the Affected Tax Entities (ATE) to allocate sales proceeds based on percentages derived from the Alameda County Tax Assessors and outlined in the LRPMP. See Exhibit B.10 for back-up documents. 18 12/16/2015 4.2- Arroyo Mocho (vacant lot) APN 099 0175 026 00 Property History/Description - The second of two remainder parcels left over from the development of the former BART site (see above) into the Heritage Estates Senior Housing development, this 20,133 square foot site borders Standard Pacific Railroad tracks to the north and is divided north to south by the Arroyo Mocho Creek. Because it is directly on the Arroyo Mocho and due to the location of the railroad tracks development of this site by itself would be very difficult. Original Purchase Price/Est. Current Value - This parcel is an undeveloped remainder parcel. No appraisals have been conducted on this site. Board Approvals - The transfer of the property from the former-RDA to the City for a governmental purpose to be used for possible public open space was confirmed by the LSA’s Oversight Board on June 6, 2012. The LSA’s Oversight Board then reconfirmed the transfer on October 17, 2012. Development Goals - The goal of the site under the Long Range Property Management Plan is to sell the property through the dissolution process. When sold the LSA intends to distribute the proceeds to the Affected Tax Entities (ATE) to allocate sales proceeds based on percentages derived from the Alameda County Tax Assessors and outlined in the LRPMP. See Exhibit B.11 for back-up documents. 19 12/16/2015 PROPERTIES TRANSFERRED AND APPROVED BY THE OVERSIGHT BOARD A. Housing Assets Affordable Housing Sites Under the dissolution legislation, all properties purchased by the former-RDA for use in the development of affordable housing shall remain with the identified housing successor agency in order to be developed into affordable housing. On February 2012 the Livermore City Council voted to be named the LSA for the former-RDA. In its letter to the City dated August 31, 2012 the DOF determined that as housing sites these properties would remain as property of the City when it approved the Housing Asset Transfer Report. See Exhibit A for a copy of the letter. Each of the following seven Affordable Housing sites properties were acquired using City funds (either Housing In-Lieu funds or State funds loaned to the City) for the purpose of developing affordable housing. Housing In-Lieu funds are a local source of money obtained through development fees received from the City’s Inclusionary housing program exclusively for use in the development of affordable housing. None of the following seven Affordable Housing sites received funding from the former-RDA housing set-aside. No redevelopment funds have been used for these projects. Affordable Housing Site Debt Obligations If each of the housing sites is developed as planned into affordable housing projects there would be no additional fiscal impacts to the City or the Taxing Entities other than potential City housing subsidies that may be needed to ensure affordability. If the sites were to be sold as part of the dissolution process, then the City and State resources used to acquire the sites would need to be repaid. Since these sites were acquired prior to the drop in land prices, staff believes there would be no funds remaining for disbursement to the taxing entities once the acquisition loans were repaid. A.1 - 2093 Railroad Avenue and 20-22 South L Street (Livermore Village site) APN 098 0289 021 00 Property History/Description - This 5.5 acre site located in the heart of the Downtown on the former Lucky Shopping Center site was purchased in 2008 for approximately $10,100,000 for the development of a mixed-income high density owner-occupied housing project with an affordable component. In 2006 the City, former-RDA and Anderson Pacific entered into a Loan Agreement and Development Agreement to acquire and develop the former Lucky Shopping Center site into a 260 unit high density residential housing project that was in keeping with the goals of the Downtown Specific Plan. Anderson Pacific purchased the site from a private owner in 2006 and obtained entitlements to develop the site. With the collapse of the real estate market, the project was no longer financially feasible and Anderson was not able 20 12/16/2015 to move forward with the development. In 2008 Anderson Pacific sold the site to the former-RDA for approximately $10,100,000. To assist with acquiring the site, the City obtained a $5,000,000 loan from the State Residential Development Loan Program (RDLP) and provided an additional $5,000,000 in local affordable housing trust funds (non-RDA) to complete the acquisition. Both these sources of funds restrict the use of the site to a residential development with an affordable component. The RDLP loan funds must be repaid to the State by January 2014. The current value of the site is estimated to be less than $5,000,000. In 2010 approximately 1.5 acres of the eastern portion of the site was made into a separate parcel designated for the proposed 2,000 seat Regional Theater. The City and the former-RDA issued two Requests for Proposals for the remaining 3.5 acres of land for the development of a high density residential project. Several development proposals were received from private for-profit developers wishing to develop the site into high density residential units. The proposals valued the land at between $0 to $2,000,000. Because of market conditions, the City did not move forward on any of these proposals. The development of this site into a high density residential project is a top priority of the City’s Downtown Specific Plan and the former-RDA’s Five Year Plans. The Downtown Specific Plan not only recognizes this project as a key catalyst for the Downtown but also outlines the essential benefits derived from its development which includes increased sales and property taxes for the area derived from additional residences and workers in the Downtown. Due to the major downturn in the housing market, the site has not been able to be redeveloped as planned into a high density, transit-oriented residential development to date. Original Purchase Price/Est. Current Value - The former RDA purchased the entire five acre Lucky’s site for approximately $10,100,000 in 2008 using City affordable housing funds. In 2010 a Parcel Map divided the site and created the Livermore Village parcel, theater parcel, and plaza parcel. Current book value of all three parcels is $9,203,148.65. The site is approximately 3.5 acres in size giving it an estimated prorated book value of $6,442,204. Board Approvals - The transfer of the property from the former-RDA to the City for a governmental purpose to be used for affordable housing was confirmed by the LSA’s Oversight Board on June 6, 2012. The LSA’s Oversight Board then reconfirmed the transfer on October 17, 2012, and again reconfirmed it on June 5, 2013. Development Goals - The goal for the site under the Long Range Property Management Plan is to continue to develop it as a high density residential project with an affordable component and repay the $5,000,000 State RDLP loan. See Exhibit A.1 for back-up documents. 21 12/16/2015 22 12/16/2015 A.2 - 2047 First Street (former Greiner parcel) APN 097 0013 009 00 Property History/Description - Purchased in September 2005, the City advanced $440,000 in funds through CalHFA’s HELP loan program for the acquisition of this 2,500 square foot vacant lot in order to develop a mixed-use affordable housing project for very low-income households with disabilities. The outstanding State HELP loan is due September 2014. Prior to its acquisition the site remained a vacant and blighted eyesore with no plans by the owner to redevelop the site. The site is zoned Downtown Specific Plan District Core Area which allows for the development of mixed use residential/commercial property. The City has entered into an Exclusive Negotiating Rights Agreement with Eden Housing, a nonprofit housing developer, to develop, own and manage the site. Eden has proposed to develop the site into a mixed-use housing development consisting of five residential rental units affordable to very low-income households with disabilities. This proposal is in keeping with the goals of the Downtown Specific Plan to expand the amount of affordable housing in the area and is in keeping with the appropriate use of the City’s affordable housing funds that were used to acquire the site. Original Purchase Price/Est. Current Value - This parcel was purchased in September 2005 for $440,000. Although no appraisals have been conducted, it is estimated that the value of land in the downtown has declined by approximately 25% in the last 5 years. Board Approvals - The transfer of the property from the former-RDA to the City as an affordable housing asset to be used for affordable housing purposes was confirmed by the LSA’s Oversight Board on May 16, 2012. The LSA’s Oversight Board then reconfirmed the transfer on October 17, 2012, and again reconfirmed it on June 5, 2013. Development Goals - The goal for this site under the Long Range Property Management Plan is to continue with the City’s and former-RDA’s goal to develop the site into affordable rental housing. Preliminary plans have been developed and the developer was prepared to take the project through its entitlement process when the project was put on hold until final resolution of the former-RDA dissolution process. The site is ready to be taken through its entitlement process once property dissolution has finally been determined. See Exhibit A.2 for back-up documents. 23 12/16/2015 24 12/16/2015 A.3 - 2121 Railroad Avenue (former Harris parcel) APN 098 0289 020 00 Property History/Description - The site is composed of a 1,551 square foot vacant, blighted, uninhabitable building situated on a 3,715 square foot parcel. The property was acquired in May 2009 through an advance of the City’s Housing Trust Fund to the former-RDA. Per the City’s Downtown Specific Plan the site is zoned for residential uses. In February 2010 the City entered into an Exclusive Negotiating Rights Agreement with Eden Housing, a nonprofit housing developer, to develop this site and the site adjacent to it on 2139 Railroad Avenue into an affordable housing project. This project was subsequently funded through the State’s Local Housing Trust Fund Grant program awarded to the City for the development of new affordable units. Original Purchase Price/Est. Current Value – This site was purchased in May 2009 for $740,000. Although no appraisals have been conducted, it is estimated that the value of land in the downtown has declined by approximately 25% in the last 5 years. Board Approvals - The transfer of the property from the former-RDA to the City as an affordable housing asset to be used for affordable housing purposes was confirmed by the LSA’s Oversight Board on May 16, 2012. The LSA’s Oversight Board then reconfirmed the transfer on October 17, 2012, and again reconfirmed it on June 5, 2013. Development Goals - In keeping with the appropriate use of the City’s affordable housing funds that were used to acquire the site, and the Downtown Specific Plan goal to expand the amount of affordable housing in the area, the Long Range Property Management Plan for this site is to continue with the City and former-RDA initiated development as an affordable, mixed-use housing project. See Exhibit A.3 for back-up documents. 25 12/16/2015 A.4 - 2139 Railroad Avenue (former Kibler parcel) APN 098 0289 002 01 Property History/Description - The site is composed of a 3,983 square foot vacant, blighted building on a 7,902 square foot parcel property which was acquired in May 2009 through an advance of the City’s Housing Trust Fund to the former-RDA. City Housing Trust funds can only be used for the development of affordable housing. Per the City’s Downtown Specific Plan the site is zoned for residential uses. In February 2010 the City entered into an Exclusive Negotiating Rights Agreement with Eden Housing, a nonprofit housing developer, to develop this site and the adjacent site at 2121 Railroad Avenue into an affordable senior housing project. Original Purchase Price/Est. Current Value - This site was purchase in May 2009 for $1,364,763. Although no appraisals have been conducted, it is estimated that the value of land in the downtown has declined by approximately 25% in the last 5 years. Board Approvals - The transfer of the property from the former-RDA to the City as an affordable housing asset to be used for affordable housing purposes was confirmed by the LSA’s Oversight Board on May 16, 2012. The LSA’s Oversight Board then reconfirmed the transfer on October 17, 2012, and again reconfirmed it on June 5, 2013. Development Goals - Per the goals of the Downtown Specific Plan to expand the amount of affordable housing in the area, and in keeping with the appropriate use of the City’s affordable housing funds that were used to acquire the site, the goal for this site under the Long Range Property Management Plan is to continue with the City and former-RDA plans to develop the site into affordable rental housing. See Exhibit A.4 for back-up documents. 26 12/16/2015 A.5 - 1635 Chestnut Street (former Antrim Shopping Center) APN 098 0290 006 07 and 098 0290 011 01 Property History/Description - These parcels (91,282 square feet and 15,483 square feet, respectively) consist of a mostly vacant, blighted neighborhood shopping center and were purchased in July 2010 using $2,500,000 of City Housing Trust Funds with the purpose of developing the site into a mixed ownership/rental, market rate and affordable housing project. A Request for Qualifications to develop the site was distributed in January 2010 and MidPeninsula Development (MidPen), a nonprofit housing developer, was selected and engaged through an Exclusive Negotiating Rights Agreement. MidPen proposes to develop the site into a multi-phase, affordable multifamily rental community and proposes to partner with Pulte Homes to develop a market rate ownership component. Original Purchase Price/Est. Current Value - Purchased in July 2010 for $2,500,000 although no appraisals have been conducted since then. Board Approvals - The transfer of the properties from the former-RDA to the City as an affordable housing asset to be used for affordable housing purposes was confirmed by the LSA’s Oversight Board on May 16, 2012. The LSA’s Oversight Board then reconfirmed the transfer on October 17, 2012, and again reconfirmed it on June 5, 2013. Development of the site by Mid Penn satisfies the goal of the Downtown Specific Plan to expand the amount of affordable housing in the area and is in keeping with the appropriate use of the City’s affordable housing funds that were used to acquire the site, Development Goals - The goal for this site under the Long Range Property Management Plan is to continue with the City’s and former-RDA’s plans to develop the site into affordable rental housing. This is in keeping with the goals of the Downtown Specific Plan to expand the amount of affordable housing in the area and is in keeping with the appropriate use of the City’s affordable housing funds that were used to acquire the site. See Exhibit A.5 for back-up documents. 27 12/16/2015 A.6 - 241 North M Street (D & M Auto Machine Shop) APN 098 0250 001 03 Property History/Description - This site is composed of a 3,300 square foot building on a 15,000 square foot lot. The parcel was purchased by the former-RDA on June 6, 2008 using $400,000 in State CalHFA HELP funds loaned to the former-RDA by the City for the acquisition. No RDA funds were used in the purchase. The site is currently used as a machine shop specializing in custom auto parts. The shop owner has a long term lease for the site that expires in March 2019. Under the terms of the lease, the tenant is required to pay approximately $340 per month. Maintenance costs to the City for the site are approximately $250 per month and include landscaping, lighting and parking lot maintenance. Because of the nature of the business, the length of operation and the chemicals/oils used by the business, the property is considered a Brownfields site with an undetermined clean up liability. Original Purchase Price/Est. Current Value - Purchased in June 2008 for $400,000, the sites below market lease payment, the potential for Brownfield mitigation and the decline in downtown property values make it difficult to estimate a value for the property. No appraisals have been conducted. Board Approvals - The transfer of the property from the former-RDA to the City as an affordable housing asset to be used for affordable housing purposes was confirmed by the LSA’s Oversight Board on May 16, 2012. The LSA’s Oversight Board then reconfirmed the transfer on October 17, 2012, and again reconfirmed it on June 5, 2013. Development Goals - Under the Long Range Property Management Plan, and in accordance with the goals of the Downtown Specific Plan to expand the amount of affordable housing in the area, and in keeping with the appropriate use of the City’s affordable housing funds that were used to acquire the site, it should continue to be used for the development of an affordable housing project. See Exhibit A.6 for back-up documents. 28 12/16/2015 A.7 - 242 North N Street (former DMV site) APN 098 0250 002 04 Property History/Description - This 12,932 square foot vacant site was acquired along with the Chestnut/Antrim Parcel at 1635 Chestnut Ave as part of an assemblage of sites for use in the development of affordable housing. The site was acquired through a Low Income Housing Agreement between the City and Arroyo Crossing, Inc., a residential developer, in order to satisfy the inclusionary housing requirement for a large residential project. The lot will be assembled with adjacent City owned parcels to develop a multifamily rental project affordable to families, seniors and the disabled. No former- RDA funds were used in the site’s acquisition. Original Purchase Price/Est. Current Value – This parcel was purchased in 2010 as part of the former land owner’s obligation to satisfy the City’s Inclusionary Housing Ordinance. No appraisals of the property have been conducted. Board Approvals - The transfer of the property from the former-RDA to the City as an affordable housing asset to be used for affordable housing purposes was confirmed by the LSA’s Oversight Board on May 16, 2012. The LSA’s Oversight Board then reconfirmed the transfer on October 17, 2012, and again reconfirmed it on June 5, 2013. Development Goals - The goal for the site under the Long Range Property Management Plan is to combine this parcel with 241 North M street for use in the development of a high density affordable housing project serving very low-income households with disabilities. This goal is in keeping with the goals of the Downtown Specific Plan to expand the amount of affordable housing in the area, as well as to meet the goals of the City’s Inclusionary Housing Program for which this site was obtained. See Exhibit A.7 for back-up documents. 29 12/16/2015 A.8 - 318 South Livermore Avenue #112 (Savannah Terrace Affordable housing unit for persons with disabilities) APN 097 0108 018 00 Property History/Description - Savannah Terrace is a former Brownfield project acquired and entitled by the former-RDA and then purchased by Real Freedom Inc. who developed the site into an eight unit townhouse project. As part of its agreement with the City and the former-RDA the developer was required to offer two of the units at an affordable price to very low-income developmentally disabled persons. In order to make the financing work for this project the City provided below market mortgages. The former-RDA received the property on December 31, 2008, entered into a purchase agreement with a low-income developmentally disabled person in December 2010, and transferred the property to the City on March 23, 2011 after real estate market conditions prevented the completion of the sale transaction until after the dissolution of the RDA. Board Approvals - The sale of the property to a very low-income disabled homebuyer was originally approved by the former-RDA on December 13, 2010, and by the City of Livermore on May 9, 2011. The transfer of the property from the former-RDA to the City as an affordable housing asset to be used for affordable housing purposes was confirmed by the LSA’s Oversight Board June 5, 2013. Original Purchase Price/Est. Current Value - This property was sold on May 31, 2011 to a very low-income disabled homebuyer for $180,000. Development Goals - The unit was purchased at an affordable price by a lower-income developmentally disabled person in May 2011. Under the terms of the loan agreement between the buyer and the City, the unit will remain affordable for at least 30 years. See Exhibit A.8 for back-up documents. 30 12/16/2015 B. GOVERNMENTAL PURPOSE ASSETS B.1 - 62-90 South L Street APN 097 0001 026 01 Property History/Description - A 5,765 square foot parcel formerly developed with commercial uses that included three tenants when the property was purchased on August 31, 2007 for $2,186,622 using Tax Allocation Bond proceeds. Since that time, two of the three original tenants have vacated the site. Lease revenue generated through tenant leases has been reduced to $1,879 per month. The former-RDA worked with former tenants, Kelley’s Meats and The Bottle, Book and Smoke Shop, on the relocation of their businesses. There are currently two tenants, Domino’s Pizza and the Bothwell Art Studio Annex, with one unit unoccupied. Common area maintenance and building up keep costs are estimated to be $1,868 per month. This parcel is part of an assemblage of parcels that includes 50 South L Street (KFC) and the vacant parcel behind 2056 -2068 First Street (Corbett) for use in the development of a 500 space public parking structure which would provide parking for residential use, as well as other Downtown uses. The site is zoned Downtown Specific Plan, Subarea 2 of the Core District, which allows the site to be developed only for public parking, either as part of a structure or as surface parking. Since there is no charge for parking in the rest of the Downtown, no income would be derived from such a use. Consequently the land has no use value beyond its intended public use as the site for a parking structure. No environmental assessments have been conducted on these sites. City ownership of the site is consistent with the Downtown Specific Plan goal to facilitate the development of a 500- space parking garage and to satisfy the provision of providing adequate land for parking and open space. Since 2005 the City has collected Parking In-Lieu funds from downtown developers and property owners under its Parking In-Lieu Program in order to build public City-owned parking structures for use in the downtown in-lieu of the property owners providing privately owned parking on-site. Developers have already provided funding under this program and these sites have been designated to provide the public parking needed for existing and future businesses. This site is designated as a proposed parking structure site under the City's downtown Specific Plan and the former-RDA Five Year Plan. As outlined in the plans, the proposed parking structures would be City owned and maintained. Original Purchase Price/Est. Current Value - This property was purchased in August 2007 for $2,186,622. Although no formal appraisals have been completed since then, commercial properties in the Downtown have declined in value over the last five years by at least 25%. Board Approvals - The transfer of the property from the former-RDA to the City for a governmental purpose to be used for public parking was confirmed by the LSA’s Oversight Board on June 6, 2012. The LSA’s Oversight Board then reconfirmed the transfer on October 17, 2012, and again reconfirmed it on June 5, 2013. The need for additional public parking in the Downtown is outlined in the City’s General Plan, 31 12/16/2015 Downtown Specific Plan and the former-RDA’s Five Year Plans. Development Goals - While not subject to the Long Range Property Management Plan, but in recognition of these facts and the fact that the financing and maintenance of the structure will come from sources identified by the City, the City’s long range plan for the property is to keep ownership of the site with the City and to allow development of the parking structure to move forward. See Exhibit B.1 for back-up documents. 32 12/16/2015 B.2 - 50 South L Street (former KFC site) APN 097 0001 026 02 Property History/Description - The former-RDA purchased this 16,814 square foot site for $1,295,000 using Tax Allocation Bond proceeds in August 2007 and transferred it to the City on March 23, 2011 as part of an assemblage of parcels that includes 62 - 90 South L Street (Kelley’s Meats/Domino’s Pizza) and the vacant parcel behind 2056 - 2068 First Street (Corbett) for use in the development of a 500 space public parking structure. This structure will provide much needed parking for businesses located in this area of the Downtown whose patrons have relied on the soon to be developed Livermore Village site for their parking needs. The site is zoned Downtown Specific Plan, Subarea 2 of the Core District, which allows the site to be developed only for parking - either as part of a structure or as surface parking. The need for parking is identified in the Downtown Specific Plan and in the former-RDA’s Five Year Plans as a critical component to ensure the economic vitality of the Downtown Project Area. City ownership of the site is consistent with the Downtown Specific Plan goal to facilitate the development of a 500-space parking garage and to satisfy the provision of providing adequate land for parking and open space. No environmental assessments have been conducted on this site. Since 2005 the City has collected In-Lieu funds from downtown developers and property owners under its Parking In-Lieu Program in order to build public City-owned parking structures for use in the downtown in-lieu of the property owners providing privately owned parking on-site. Developers and property owners have already provided funding under this program and these sites have been designated to provide the public parking needed for these already existing businesses. This site is designated as a proposed parking structure site under the City's downtown Specific Plan and the former-RDA Five Year Plan. As outlined in the plans, the proposed parking structures would be City owned and maintained. Original Purchase Price/Est. Current Value - This site was purchased August 2007 for $1,295,000. Since parking is free in the rest of the Downtown, no income will be derived from such a use. Consequently the land has no use value beyond its intended public use as the site for a parking structure. This site is now vacant and scheduled for demolition. Board Approvals - The transfer of the property from the former-RDA to the City for a governmental purpose to be used for public parking was confirmed by the LSA’s Oversight Board on June 6, 2012. The LSA’s Oversight Board then reconfirmed the transfer on October 17, 2012, and again reconfirmed it on June 5, 2013. The need for additional public parking in the Downtown is outlined in the City’s General Plan, Downtown Specific Plan and the former-RDA’s Five Year Plans. Development Goals - While not subject to the Long Range Property Management Plan, but in recognition of these facts and the fact that the financing and maintenance of the structure will come from sources identified by the City, the City’s long range plan for this 33 12/16/2015 site is to keep ownership of the site with the City and to allow development of the parking structure to move forward. See Exhibit B.2 for back-up documents. 34 12/16/2015 B. 3 - Vacant Parcel Behind 2056 - 2068 First Street (former Corbett Parcel) APN 097 0001 036 00 Property History/Description - Purchased on July 6, 2010 for $157,762 using Tax Allocation Bond proceeds, this land-locked parcel was created through the division of a larger site 2056 – 2068 First Street in order to provide road and alley access for the proposed parking structure on L Street. Along with 62-90 South L Street (APN 097 0001 026 01) and 50 South L Street (APN 097 0001 026 02) it is part of an assemblage of parcels for use in the development of a critically needed Downtown parking structure. The site is currently zoned Downtown Specific Plan, Subarea 1 of the Downtown Core. Since 2005 the City has collected In-Lieu funds from downtown developers and property owners under its Parking In-Lieu Program in order to build public City-owned parking structures for use in the downtown in-lieu of the property owners providing privately owned parking on-site. Developers and property owners have already provided funding under this program and these sites have been designated to provide the public parking needed for these already existing businesses. This site is designated as a proposed parking structure site under the City's downtown Specific Plan and the former-RDA Five Year Plan. As outlined in the plans, the proposed parking structures would be City owned and maintained. Original Purchase Price/Est. Current Value - Purchased for $157,762 on July 6, 2010, the size and location of the site makes this parcel undevelopable except as part of a right-of-way extension and consequently has vey limit resale value. Board Approvals - The transfer of the property from the former-RDA to the City for a governmental purpose to be used for public parking was confirmed by the LSA’s Oversight Board on June 6, 2012. The LSA’s Oversight Board then reconfirmed the transfer on October 17, 2012, and again reconfirmed it on June 5, 2013.The need for additional public parking in the Downtown is outlined in the City’s General Plan, Downtown Specific Plan and the former-RDA’s Five Year Plans. Development Goals - This site addresses the Downtown Specific Plan goal to facilitate the development of a 500-space parking garage. The goal for this site under the Long Range Property Management Plan is to continue to move towards development, along with other adjacent sites, into a public a parking structure. See Exhibit B.3 for back-up documents. 35 12/16/2015 36 12/16/2015 B.4 - 2450 First Street (Bankhead Plaza and Walkway) APN 098 0407 026 00 Property History/Description - This irregularly shaped 27,922 square foot site was acquired by the former-RDA for $952,000 between 2000 and 2003 (acquired as three separate parcels) in part to satisfy the Downtown goal to establish a pedestrian friendly Downtown with walking access to the Downtown commercial retail center, transit center and future housing developments as well as to construct the existing plaza. The former- RDA received a $1.2 million grant in 2006 from the Metropolitan Transportation Commission (MTC) for a Downtown Livermore Pedestrian Transit Connections Program in order to make these pedestrian improvements. The project, which completed construction in early 2010, provides a direct, safe and attractive pedestrian connection from the Livermore Village site, through the LVC Plaza, to the Downtown Transit Center. The project provides an important pedestrian link between transit and local housing, business and activity centers. Original Purchase Price/Est. Current Value - This parcel was part of an assembly of parcels acquired over a 3 year period that also included the site for the Bankhead Theater. Separate parcels were created as part of the pathway, plaza and landscaped paths. The estimated purchase price for these sites is $952,000. As a Pathway and Plaza there is little or no development potential or economic value beyond its current use. Board Approvals - The transfer of the property from the former-RDA to the City for a governmental purpose to be used as a public plaza and walkway was approved by the LSA’s Oversight Board on June 5, 2013, and is in keeping with City’s General Plan, Downtown Specific Plan and the former-RDA’s Five Year. Development Goals - The Pathway satisfies the goal of the former-RDA’s Five Year Plans to “Maximize transit opportunities for commuters to conveniently travel to Downtown Livermore” and “The elimination of environmental deficiencies in the Project Area, including, among others, small and irregular lots, obsolete and aged building types, substandard alleys and inadequate or deteriorated public improvements.” See Exhibit B.4 for back-up documents. 37 12/16/2015 B. 5 - Railroad Avenue (Behind Bankhead - adjacent to Plaza Walkway) APN 098 0407 030 02 Property History/Description - Purchased in March 2002, this 4237 square foot triangular shape parcel is an undeveloped remainder piece left over from the development of the Livermore Valley Center. Although zoned commercial, because of its size and shape it is considered to have limited development potential. The parcel was purchased using Tax Allocation Bond proceeds, is minimally landscaped, and is currently used as a bus stop. Other proposals for the site include the possible location of a common area trash enclosure and public park space. Its current use as a bus stop and possible future location of a trash enclosure helps to satisfy the goals for the Downtown to strengthen retail and commercial functions in the Downtown and strengthen the economic base of the Project Area and the community through the installation of necessary site improvements to stimulate new commercial expansion, employment and economic growth. Continued use as a bus stop also maximizes transit opportunities for commuters to conveniently travel to Downtown Livermore. It increases the economic vitality of the Downtown. through the elimination of environmental deficiencies in the Project Area, including small and irregular lots, as well as provides Pedestrian improvements to enhance circulation throughout the Downtown, facilitates transit orientated development, and allows residents to easily and safely walk to transit services for transportation to work and other activities. Original Purchase Price/Est. Current Value - As an undeveloped remainder parcel left over from the development of the Livermore Valley Center it has limited current economic value beyond its present use as a bus stop and a possible location of a trash enclosure for use by the Livermore Valley Center businesses or for use as public open space. Board Approval - The transfer of the property from the former-RDA to the City for a governmental purpose consistent with parks and pathways was approved by the LSA’s Oversight Board on June 5, 2013. The need for additional open space in the Downtown is outlined in the City’s General Plan, Downtown Specific Plan and the former-RDA’s Five Year Plans. Development Goal - The Long Range Property Management Plan goal for this site is to continue to maintain the site with the intent for a governmental use consistent with parks and pathways, as well as a possible location for a trash enclosure for use by the surrounding businesses to be maintained by the City. The bus stop will remain located along its northern frontage to be used by the tenants of the Livermore Valley Center (LVC). See Exhibit B.5 for back-up documents 38 12/16/2015 39 12/16/2015 B.6 - 2350 - 2418 Railroad Avenue APN’s 098 0260 018 03, 098 0260 017 02 and 098 0260 018 04 Property History/Description - These parcels make up the site for an existing 530 space public parking structure. The parking structure was built in August 2004 using City funds, Tax Allocation Bond proceeds and grants totaling $14,000,000. Its need was outlined in the City’s Downtown Specific Plan as well as the former-RDA’s Five Year Plans. Parking is provided for free. A designated number of spaces are used to provide free parking for the users of the adjacent transit Center. Although needed to provide adequate parking for Downtown businesses, the demand for parking in the Downtown is not high enough to charge for parking. The City’s Downtown Specific Plan and the former-RDA Five Year Plans specifically call out the need for parking in the Downtown in order to create a vibrant economic atmosphere. The structure was constructed in anticipation of the implementation of the City's Downtown In-Lieu Parking Program whereby developers of downtown parcels pay a per space fee to the City instead of providing on-site parking. The City in turn uses these funds to provide and maintain the agreed upon needed public parking spaces. Any changes in ownership of this structure would violate this program agreement and eliminate parking designated for businesses that pay for parking through this program. Original Purchase Price/Est. Current Value - The total project cost to acquire the site and construct the parking structure was approximately $14,000,000. These spaces are provided to the public without charge. The cost to maintain the structure, and provide security is approximately $21,000 per year. Board Approvals - The transfer of the properties from the former-RDA to the City for a governmental purpose to be used for public parking was confirmed by the LSA’s Oversight Board on June 6, 2012. The LSA’s Oversight Board then reconfirmed the transfer on October 17, 2012, and again reconfirmed it on June 5, 2013. The need for additional public parking in the Downtown is outlined in the City’s General Plan, Downtown Specific Plan and the former-RDA’s Five Year Plans. Development Goal - The Long Range Property Management Plan goal for this site is to have the City maintain ownership and provide for all the maintenance and security costs for the structure. See Exhibit B.6 for back-up documents. 40 12/16/2015 41 12/16/2015 B.7 - 159 North I Street APN’s 098 0280 001 02, 098 0280 002 01, and 098 0280 002 02 Property History/Description - Three parcels that were acquired and assembled for the development of a 500 space parking structure. Parcels 098 0280 001 02 and 098 0280 002 01 are 6,000 and 7,500 square feet in size (respectively) and are three of five parcels that were acquired from Union Pacific Railroad by eminent domain in May 2005. Parcel 098 0280-002-02 is 7,500 square feet and was purchased in July 2006. The three parcels were purchased for approximately $571,875 with Tax Allocation Bond proceeds. If developed into a 500 space parking structure, these sites will help address the need for parking in the eastern portion of the Downtown, an area that includes such car-intensive uses as the 13-screen movie Cinema, the Bankhead Community Theater, and the future hotel. These parcels, along with the existing parking structure, were constructed in adherence to the City's Downtown In-Lieu Parking Program whereby developers of downtown parcels pay a per space fee to the City instead of providing on-site parking. The City in turn uses these funds to provide and maintain the agreed upon needed public parking spaces. Any changes in ownership of these parcels would violate this program agreement and eliminate future parking designated for businesses that pay for parking through this program. Price/Est. Current Value - These three parcels were purchased for approximately $571,875 in 2005 and 2006. The land is currently zoned Downtown Specific Plan, Subarea 2 of the Core District which only allows for parking uses and greatly limits the development value of the site. Board Approvals - The transfer of the properties from the former-RDA to the City for a governmental purpose to be used for public parking was confirmed by the LSA’s Oversight Board on June 6, 2012. The LSA’s Oversight Board then reconfirmed the transfer on October 17, 2012, and again reconfirmed it on June 5, 2013. The need for additional public parking in the Downtown is outlined in the City’s General Plan, Downtown Specific Plan and the former-RDA’s Five Year Plans. Development Goal - The Long Range Property Management Plan goal for this site is for the City to retain ownership of the parcels and for the City to move forward on future plans to use the sites to increase the available parking spaces in the downtown. See Exhibit B.7 for back-up documents. 42 12/16/2015 43 12/16/2015 B.8 - 2216 Railroad Avenue APN 098 0280 008 03 and 098 0280 008 08 Property History/Description - Two vacant parcels; 2,653 square feet and 1,747 square feet (respectively) both of which are land-locked. The parcels were acquired by eminent domain for approximately $49,500 by the former-RDA from Union Pacific Railroad in May 2005 using Tax Allocation Bond proceeds. The parcels were assembled for the development of a 500 space parking structure for the Downtown. Without this parking structure parking would continue to become more difficult and limited which in turn would restrict economic growth and vitality in the Downtown. These parcels along with the existing parking structure were constructed in adherence to the City's Downtown In-Lieu Parking Program whereby developers of downtown parcels pay a per space fee to the City instead of providing on-site parking. The City in turn uses these funds to provide and maintain the agreed upon needed public parking spaces. Any changes in ownership of these parcels would violate this program agreement and eliminate future parking designated for businesses that pay for parking through this program. Original Purchase Price/Est. Current Value - Purchased for $49,500, these are small remnant parcels that are parts of a larger incomplete assembly of sites for a future downtown parking structure. These sites have limited development potential beyond their planned use. Board Approvals - The transfer of the properties from the former-RDA to the City for a governmental purpose to be used for public parking was confirmed by the LSA’s Oversight Board on June 6, 2012. The LSA’s Oversight Board then reconfirmed the transfer on October 17, 2012, and again reconfirmed it on June 5, 2013. The need for additional public parking in the Downtown is outlined in the City’s General Plan, Downtown Specific Plan and the former-RDA’s Five Year Plans. Development Goals - The Long Range Property Management Plan goal for this site is for the City to retain ownership of the parcels and for the City to move forward on future plans to use the sites to increase the available parking spaces in the downtown. See Exhibit B.8 for back-up documents. 44 12/16/2015 B.9 - 2164 Second Street (Chamber of Commerce Parking Lot) APN 097 0014 003 04 Property History/Description - This 11,379 square foot site is an improved, 25 space parking lot adjacent to the Livermore Chamber of Commerce building. The site was purchased using non-redevelopment funds in July 1989 for use as a parking lot. The lot was paved, striped, landscaped and installed with lighting for use as a public parking lot. Since 1989, this lot has been used exclusively to provide much needed public parking for the Downtown Project Area as well as storm drain and access easements. The parking is provided free of charge, as is the parking for the rest of the Downtown and the City. This site is maintained in adherence to the City's Downtown In-Lieu Parking Program whereby developers of downtown parcels pay a per space fee to the City instead of providing on-site parking. The City in turn uses these funds to provide and maintain the agreed upon needed public parking spaces. Any changes in ownership of this site will violate this program agreement and eliminate parking designated for businesses that pay for parking through this program. Original Purchase Price/Est. Current Value - No records exist regarding the original purchase price for this land and it has no value beyond its current use as an improved public parking lot. Board Approvals - The transfer of the property from the former-RDA to the City for a governmental purpose to be used for public parking was confirmed by the LSA’s Oversight Board on June 6, 2012. The LSA’s Oversight Board then reconfirmed the transfer on October 17, 2012, and again reconfirmed it on June 5, 2013. The need for additional public parking in the Downtown is outlined in the City’s General Plan, Downtown Specific Plan and the former-RDA’s Five Year Plans. Development Goals - The Long Range Property Management Plan goal for this site is to remain as its current use as a public parking lot with all maintenance costs paid for and provided by the City of Livermore. City ownership of the site addresses the Downtown Specific Plan goal to satisfy the provision of providing adequate parking and open space. See Exhibit B.9 for back-up documents. 45 12/16/2015 B.10 - 2890 Fourth Street (future Palasage Childcare site) APN 097 0152 003 00 Property History/Description - Acquired by the City on December 28, 2006 and transferred to the former-RDA in February 2007, this 9,487 square foot site was donated to the City under City Resolution RA-2006-16 in order to satisfy a residential developer’s requirement to include a childcare facility at the adjacent 92-unit “Palasage” townhouse project. Transfer of the site to the City was conditioned on the site being developed into a childcare facility that served lower income households with disabled children. The childcare project is on hold until adjacent sites can be acquired and assembled to create a developable mixed-use affordable housing project along with the childcare facility. Currently the site is used by a nonprofit organization as a community garden under a lease agreement between the former-RDA and the nonprofit. Neither the LSA, nor the City receives any lease payments under the agreement. Original Purchase Price/Est. Current Value - This parcel was donated to the City in December 2006. Although no appraisals have been conducted, current restrictions limit the development of this site to a childcare facility which greatly reduces its market value. Board Approvals - The transfer of the property from the former-RDA to the City for a governmental purpose to be used as a child care facility was confirmed by the LSA’s Oversight Board on June 5, 2013. Development Goals - The goal for the site under the Long Range Property Management Plan is to proceed with the plan to develop it into an affordable housing project with an on-site childcare facility serving lower income households and children with disabilities. This is in keeping with both the goals of the former-RDA’s Five Year Plans and the City’s Downtown Specific Plan and General Plan to promote and facilitate the development of new housing opportunities within the Downtown Project Area. See Exhibit B.12 for back- up documents. 46 12/16/2015 USE OF REMAINING REDEVELOPMENT AGENCY BOND PROCEEDS In 2001 the Redevelopment Agency issued $36,775,000 in Tax Allocation Bonds for use in the acquisition of property and to further the development of RDA projects in the Downtown. Approximately $1,555,800 in unspent proceeds remain. On June 8, 2015, the City and the LSA entered into a Bond Expenditure Agreement to enable the City to use the remaining 2001 Tax Allocation Bond Proceeds for the purposes identified in and consistent with the TAB Bond covenants, the Indenture, the Plan of Finance, the Certificate Regarding Use, and the requirements of the California Redevelopment Law, and to provide for the LSA to transfer the Remaining 2001 TAB Proceeds to the City to be used for such purposes as originally intended. The follow is a list of eligible projects to be funded in part by these unspent bond proceeds. • Bireley Site Acquisition Purpose - Acquisition of the back portion of this 5,000 square foot parcel (APN #097 0001 023 00) on First Street would complete the assemblage of parcels needed to construct the proposed 500 space parking structure to be built on L Street. Estimated Funding Needed - $1,200,000. • Predevelopment Funding for the L Street Parking Structure Purpose - These funds will be used to partially offset the predevelopment costs associated with the development of the downtown parking structure. Costs include engineering and design work ($300,000); relocation of existing businesses ($100,000); and demolition of the former KFC site ($50,000). 47 12/16/2015 Estimated Funding Needed - $450,000 • Thoroughfare Site Acquisition Purpose - Funding for the acquisition of an approximately 2,688 square foot parcel (a portion of APN #097-0001-015 and a portion of APN # 097-0001-014) currently used to provide access from First Street to the Livermore Village Site. The City/former RDA pays approximately $10,200 in annual lease payments for the site. Acquiring ownership of the parcel will save the City and the LSA from paying an increasing, on-going annual lease payment, as well as ensure pedestrian access to these vital areas of the downtown. Estimated Funding Needed - $175,000 for acquisition 48 12/16/2015 • Mills Square Park Renovation Purpose - Funds would be used to modernize and renovate this park that is located in a central part of the downtown. Plans are underway to renovate the park in order to make it more open to the public and to tie in the space better with its surrounding uses. The need for parks in the downtown is described in the City’s Downtown Specific Plan as a vital element in ensuring a pedestrian friendly, family oriented downtown where persons can both live and work. Estimated Funding Needed – $400,000 for design development and park renovation. • First Street Infrastructure improvements Purpose - Funds needed to continue the sidewalk, landscaping and lighting improvements on First Street from L Street to P Street. Estimated Funding Needed - $1,800,000 S. L I V E R M O R E A V E RAILROAD AVE EXHIBIT 1.1 2205 Railroad Avenue (future Hotel site - parcel #1) (SpeeDee Oil Change) APN: 098-0407-029-02 (Property was originally acquired as four separate parcels APN # 098-0287-001-05, APN # 098-0289-013-12 APN # 097-0111-008 and APN # 097-0111-007-01)  RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 01,,,,.,0 rnnfnrm and return. City Clerk City of Livermore 1052 S. Livermore Avenue Livermore, CA 94550-4899 llllllHIHlJ t PGS APN: 098-0407-029-02 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY 1?-0=-?l.P GRANT DEED No Recording Fee. Gov. Code 212a3 @JCQ The undersigned grantor(s) declare(s) Py Documentary transfer tax is EXEMPT Government Code R& T 11922 [ ] computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at'time of sale, [ ] Unincorporated Area [ X] City of Livermore FOR VALUABLE CONSDERA TION, receipt of which is hereby acknowledged, City of Livermore, a municipal corporation, with an address of 1052 S. Livermore Avenue, Livermore, California 94550 hereby GRANTS (S) to the Livermore Successor Agency, a separate public entity succeeding to the status of the former Redevelopment Agency of the City of Livermore as authorized and required by California Health and Safety Code sections 53760.1(f), 34170, and 34173(g) The following described real property in the City of Livermore, County of Alameda, State of California: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HERE OF, SUBJECT TO THE COVENANTS AND RESTRICTIONS IN EXHIBIT "B" ATTACHED HERETO. DATED: February 14, 2013 STATE OF CALIFORNIA COUNTY OF ALAMEDA ON-----,,....----------before me, personally appeared Personally kno to ~(o proved to me on the basis of satisfactory evidence) b person whose name is subscribed to the with in instrument k ged to me that he executed the same in his authorized ca ~~by his signature on the instrument the person, or the en~~~ ~f the person acted, executed the instrument. I certify under PENAL TY OF PERJURY under l~Ohe State of California that the foregoing paragraph is true anr:;.;lct. Witness my hand and official seal. Signature:------------- By~ 'MafCRObertS,Clanager MAIL TAX STATEMENTS AS DIRECTED ABOVE City Clerk'$ Office FEB 2 o iJ13 City of Llvet"more } STATE OF CALIFORNIA } SS. COUNTY OF ALAMEDA } before me, __ -=S-=U=S"""'A"""'N....o.N=E=E=-R""-. -=C-"-IT'--'Y'--C=L=E=R-=K...;..i.. personally appeared ~ ~ 1 CLbi h\~~ who proved to me on the basis of satisfactory evidencetobetei)erson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __ {hMJ~ ___ {L(lf ___ t/LLUJ _________ _ EXHIBIT A LEGAL DESCRIPTION Real property in the City of Livermore, County of Alameda, State of California, described as follows: PARCEL 7, AS SHOWN ON PARCEL MAP 8548, FILED JUNE 14, 2005, IN BOOK 282 OF PARCEL MAPS, AT PAGES 24-25, ALAMEDA COUNTY RECORDS. EXCEPTING THEREFROM: BEING A PORTION OF PARCEL 7, AS SHOWN ON PARCEL MAP 8548, FILED JUNE 14, 2005, IN BOOK 282 OF PARCEL MAPS, AT PAGES 24-25, ALAMEDA COUNTY RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF RAILROAD AVENUE, AS SAID STREET IS SHOWN ON SAID PARCEL MAP 8548, SAID POINT BEING THE NORTHERLY CORNER COMMON TO PARCEL 7 AND PARCEL 6 AS SHOWN ON SAID MAP; THENCE ALONG THE LINE COMMON TO SAID PARCEL 7 AND PARCEL 6, SOUTH 47° 11' 28" EAST 242.716 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 6; THENCE LEAVING SAID COMMON LINE ON THE SOUTHWESTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID PARCEL 6, SOUTH 42° 48', 42" WEST 0.167 FEET; THENCE NORTH 47° 11' 28" WEST 242.802 FEET, MORE OR LESS, TO THE SAID SOUTHERLY LINE OF RAILROAD AVENUE; THENCE ALONG SAID SOUTHERLY LINE OF RAILROAD AVENUE, NORTH 70° 09' 12" EAST 0.188 FEET TO THE POINT OF BEGINNING. BEING RESULTANT PARCEL 7, AS SAID PARCEL IS SHOWN AND DESCRIBED IN LOT LINE ADJUSTMENT 06-007, CERTIFICATE OF COMPLIANCE RECORDED JULY 12, 2006 AS INSTRUMENT NO. 2006270825 OF OFFICIAL RECORDS. ASSESSOR'S PARCEL NO. 098-0407-029-02 Page 1 of 1 EXHIBIT "B" COVENANTS AND RESTRICTIONS The Livermore Successor Agency (the "Grantee"), a separate public entity succeeding to the status of the former Redevelopment Agency of the City of Livermore as authorized and required by California Health and Safety Code sections 53760.1 (f), 34170, and 34173(g), hereby covenants and agrees, for itself and its successors and assigns, to pursue the redevelopment of the property restricted hereby ("Property") former Redevelopment Agency of the City of Livermore in furtherance of the Redevelopment Plan adopted by the former Redevelopment Agency of the City of Livermore as such plan may be modified by a long range real property management plan adopted and approved by the Oversight Board for the Livermore Successor Agency. 1 . The Grantee covenants and agrees, for itself and its successors and assigns, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, age, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Grantee itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property and the improvements thereon. All deeds, leases or contracts made relative to the Property thereon or any part thereof, shall contain or be subject to substantially the following non-discrimination clauses: In Deeds: "(1) Grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein conveyed, nor shall the grantee or any person claiming under or through the grantee, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The foregoing covenant shall run with the land. (2) Notwithstanding paragraph (1 ), with respect to familial status, paragraph ( 1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (1 )." Page 1 of 3 In Leases: "(1) Lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee or any person claiming under or through the lessee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased. (2) Notwithstanding paragraph (1 ), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions ( n ), ( o ), and (p) of Section 12955 of the Government Code shall apply to paragraph (1 )." In Contracts: "(1) There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property nor shall the transferee or any person claiming under or through the transferee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land. (2) Notwithstanding paragraph (1 ), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (1 )." 2. The covenants contained in herein regarding non-discrimination shall remain in effect in perpetuity. 3. The covenants contained in this Grant Deed shall, without regard to technical classification or designation, legal or otherwise specifically provided in this Grant Deed, be, to the fullest extent permitted by law and equity, binding for the benefit and in favor of and enforceable by the City of Livermore, its successors and assigns, and any successor in interest to the Property or any part thereof, and such covenants shall run in favor of the City of Page 2 of 3 Livermore and such aforementioned parties for the entire period during which such covenants shall be in force and effect, without regard to whether the City of Livermore is or remains an owner of any land or interest therein to which such covenants relate. In the event of any breach of any of such covenants, the City of Livermore and such aforementioned parties shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other property proceedings to enforce the curing of such breach. The covenants contained in this Grant Deed shall be for the benefit of and shall be enforceable only by the City of Livermore, its successors and such aforementioned parties. 4. Only the City of Livermore, its successors and assigns, and the. Grantee and the successors and assigns of the Grantee in and to all or any part of the fee title to the Property shall have the rights to consent and agree to changes or to eliminate in whole or in part any of the covenants contained in this Grant Deed or to subject the Property to additional covenants, easements, or other restrictions. For purposes of this Section, successors and assigns of the Grantee shall be defined to include only those parties who hold all or any part of the Property in fee title, and not to include a tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under deed of trust, or any other person or entity having an interest less than a fee in the Property. Page 3 of 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property (APN 098-0407-029-02) conveyed by the Grant Deed, dated February 15, 2013, from the City of Livermore, a municipal corporation, with an address of 1052 S. Livermore Avenue, Livermore, California 94550 to Livermore Successor Agency, a separate public entity succeeding to the status of the former Redevelopment Agency of the City of Livermore as authorized and required by California Health and Safety Code sections 53760.l(f), 34170, and 34173(g), is hereby accepted by the undersigned City Clerk on behalf of the City of Livermore pursuant to authority conferred by Resolution No. 1-65 of the City Council adopted on January 4, 1965, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: February 15, 2013 [hµxW LflJJN Susan Neer, City Clerk City of Livermore 1052 South Livermore A venue Livermore, CA 94550 IN THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF PROPERTY AND APPROPRIATION OF FUNDS Livermore Valley Center Project 2205 Railroad Avenue Assessor's Parcel No 098-0287-001-05 H. R. Hansen, Jr. as to a 33 1/3 % undivided interest, Sarah H. Rierson, as to a 33 1/3 % undivided interest, and Christian E. Ising, as to a 33 1/3 % undivided interest, all as tenants in common, formerly KIDDS-IV, $2,115,000) On June 19,2001, the Redevelopment Agency made a written offer to the owner, KIDDS-IV, of the property located at 2205 Railroad Avenue to purchase the property for the Livermore Valley Center Project. Since the June 19,2001 written offer, the owner of the subject property, KIDDS-IV, and the Redevelopment Agency have negotiated the terms of a Purchase and Sale Agreement, attached as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Livermore that: 1. The Purchase and Sale Agreement between the Redevelopment Agency of the City of Livermore, attached as Exhibit "A," and H. R. Hansen, Jr. as to a 33 1/3 % undivided interest, Sarah H. Rierson, as to a 33 1/3 % undivided interest, and Christian E. Ising, as to a 33 1/3 % undivided interest, all as tenants in common, formerly KIDDS-IV, owners of the subject property, is approved. 2. The Redevelopment Agency Executive Director is authorized to execute the Purchase and Sale Agreement on behalf of the Redevelopment Agency. 3. The appropriation of funds in the amount of$2,115,000 from the Redevelopment Agency's 2001 Tax Allocation Bond Fund is approved. RESOLUTION NO. 1 RA-2002-4 On motion of Agency Member Member Reitter APPROVED AS TO FORM: DEPUTY GENERA: COUNSEL Vargas seconded by Agency the foregoing Resolution was passed and adopted this 11 day of February 2002, by the following vote: AYES: AGENCYMEKBERS Beeman, Dietrich, Reitter, Vargas, Chairperson Kamena NOES: AGENCYMEMBERS None ABSENT:AGENCYMEKBERS None ATTEST: a¿a SECRETARY S:\AGENDA\Ol-28\Redev- KIDDS-IV.doc h1~1>{~ CHAIRPERSON, REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE RESOLUTION NO. 2 RA-2002-4 has made an offer to the owners of the leasehold interests to acquire the subject interests for just compensation; NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: 1. The public interest and necessity require the Project; 2. The Project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; 3. The property interests sought to be acquired are necessary for the project; 4. The offer required by section 7267.2 of the Government Code of the State of California has been made to the owners of the leasehold interests; 5. The Project herein is consistent with the land uses analyzed in the Final Environmental Impact Report on the Livermore Redevelopment Plan and the Urban Design Plan (certified by the City Council in August 1992), and the Addendum to the Final Environmental Impact Report on the Livermore Redevelopment Strategy and Urban Design Plan (certified by the City Council in September 1998). 6. The City Attorney of the City of Livermore or his duly authorized designee be, and he is hereby, authorized and directed to institute and conduct to conclusion an action in eminent domain for the acquisition of the estates and interests aforesaid and to take such action as he may deem advisable or necessary in connection therewith; 7. An order for prejudgment possession may be obtained in said action and a warrant issued to the State Treasury Condemnation Fund, in the amount RESOLUTION NO. RA-2002-1 3 determined by the Court to be do deposited, as a condition to the right of immediate possession. The foregoing Resolution was adopted at a regular meeting of the Redevelopment Agency of the City of Livermore held on the -1Lth day of January, 2002 by the following vote: APPROVED AS TO FORM G~ On motion of Agency Member Agency Member Vargas on this 14 day of vote: Kamena , seconded by the foregoing action was taken January ,2002, by the following AYES: AGENCYMEKBERS Beeman. Dietrich. Reitter. Vargas. Chairperson Kamena NOES: AGENCYMEKBERS None ABSENT: AGENCYMEMBERS None h1~tþ(~- CHAIRPERSON, REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE, CALIFORNIA ATTE'ST: ~ /2Zlfe¿ ¿ÆÚ~ SECRETARY S:\AGENDA\01-14\Redev-Ag-eminent domain.doc NS RESOLUTION NO. RA-2002- 1 4 IN THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE STATE OF CALIFORNIA A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS LIVERMORE VALLEY CENTER PROJECT Assessor's Parcel Nos: 097-0111-008-00 & 097-0111-009-00 LVC Parcels 8 & 9) 2272-2310 First Street Livermore, California IT IS RESOLVED by the Redevelopment Agency of the City of Livermore, Livermore, California, as follows: WHEREAS, it is desirable and necessary for the Redevelopment Agency of the City of Livermore to acquire the fee simple title in and to real property more particularly described in Exhibit "A," attached hereto and made a part hereof by reference, for redevelopment purposes in connection with the above-captioned Project. The names and addresses of the owners who have interests to be acquired are as follows: Lillian K. Howard Stephen Howard Melinda Howard Jeffrey Howard c/o Stephen & Melinda Howard 2288 First Street Livermore, California 94550 925) 455-8090 WHEREAS, the Redevelopment Agency ofthe City of Livermore is vested with the power of eminent domain to acquire said leasehold interests by virtue of Article 1, Section 19, of 1 RESOLUTION NO~A 2002-19 the Constitution of the State of California, Section 33391 of the Health and Safety Code of the State of California and Sections 1240.050, 1240.010, 1240.110, 1240.120 and 1240.610 of the Code of Civil Procedure ofthe State of California; and WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the State of California, notice has been duly given to the owners of the subject property and whose names and addresses appear on the last Alameda County equalized assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the Redevelopment Agency of the City of Livermore on the following matters: a) Whether the public interest and necessity require the Project; b) Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c) Whether the interests sought to be acquired are necessary for the Project; and d) Whether the offer to purchase required by Government Code section 7267.2 has been submitted to the owners ofthe real property interests. WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code of the State of California, the Redevelopment Agency of the City of Livermore has made an offer to the owners of subject property for just compensation; NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: 1. The public interest and necessity require the Project; 2. The Project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; 3. The property interests sought to be acquired are necessary for the project; 4. The offer required by section 7267.2 of the Government Code of the State of California has been made to the owners of subject property; 2 RESOLUTION NO. RA2002-19 SEP 19 2002 1:53 PM FR MEYERS NAVE 510 351 3804 TO 19259604045 P.06/20 Order No. SP592874 Page No. 5 LEGAL DESCRIPTION REAL PROPERIT in the City of Liveml0re, County of Alameda, State of California, described asfollows: Portion of Block No. I, as said block is delineated and so designated upon that certain map entitled,Map of the Me Leod Tract, Livennòre, Subdivided August 1875, W.F. Boardman, Su,veyor", tiledSepremberg, J 875, in the Office of the County Recorder of Alameda County, California., describedasfoJJows~ Commencing at a point on the Northwt:stem line of First Street distant thereon 88 feet, 4 inchesNortheasterlyfonnthepoinrofintersectionthereofwiththeNortheasterlylineofSouthLivennoreAvenue, formerly Lizzie Street and running hence Northeaste.dy aloog said line ofFirst Street 77 feer,lO inches; thence at right angles Northwesterly to the Southerly line of [he right ofway of the CentralPacificRailroadCompany; thence Southwesterly along said line of said right of way of the CentralPacificRailroadCompany26feet; thence at tight angles Southeasterly 32 feet 8 inches; thence at rightanglesSouthwesrerlyrotheNortheasterlylineofSouthLivermoreAvenue, formerly Lizzie Street;thence Southeasterly along the Northeasterly line of South Livermore Avenue, formerly Lizzie Street13feet; thence at right angles Northeasterly 55 feet and 8 inches; thence at Tight angles Southeasterly140feet, more of Jess to .the point of beginning. . AP. No. 097-0111-008 EXHIBITA 34-~r ASSESSOR'S MAP 97 Map of the M~Leod Tract (Ðu A¡" o 5cale fO. 40' SEP 19 2002 1:57 PM FR MEYERS NAVE 510 351 3804 TO 19259604045 P.07/20 L·;~m~ . t I·fd.. I OJ Ii"''';''' I- JQ .. a U V) 0 & a 14 Q ~ J ~t' ~ ç; .~ t:t'<l' ~ d' (j J IU 0 SOUTH lIVERMOF/E 1I1IGU.*I-¡þf ~ . Cod, Are. N05.IG-023 100" N9~. ';.¡ I J2Jt zæ. If 2~8 l 1 W I Þ 112MCLEOO"2 ST. 1m. nn.. I- I)a: t7t.~ :.¡ ü: oUI£ 0 .. m9 541'40'3 . c. ." 7<1 B!t coo' Q oCII. I:: ,-, -- . ':S~-~::·:.:· z~-~· . L- .~. -:;110 ....:::.;:: ~ .~ .. C V) ,-" 2" ,;O"".i: -it;~. ..:",.. œ.o~c:~, Iou ~ C· ~ ~. l <: a> ~ ~ c: ~ P- ~~;~~.. t1t<:,!:ãæxt~-I ::Ù)ZI-'-c.;;:~t:--:::-.... q. Q;-'Jz~E.:E::CJ:t:-u....ot'-g;:a. r: w ,... :t (\.t'Q~.:;?"O;c t; .-:i: ~ ;.: ':!!g m&l!.!!!! fii".9C 1 AVENUt=J r----___~__ CIo( -15 I ......:---:-----____ I'4-JI.z...,;'..! SEP 19 2002 1:57 PM FR MEYERS NAVE 510 351 3804 TO 19259604045 P.08/20 Order No. SPS9287S Page No. 5 LEGAL DESCRIPTION REAL PROPERTV in [he City of Livermore, County of Alameda, Stare of California, described as .follows: PARCEL ONE: Beginning at the intersection of the Nortbeastem Iil1e of North Livennore Avenue with theNorthwesternlineofEastFirstStreetandrunningthencealongsaidlineofEastFirstStreetNorth42019' 30" East 47.62 feet to the Southwestern line of the parcel offand described in the deed to L.Schenone and wife, recorded June 21, 1992 in Book 212 of OfficÎal Records of Alameda County,Page 278. and the actual poiQt of commencement; thence continuing along said line and Îts directproduction ,North 420 ]9' 30" East 30 feet to the Northeastern line of said Sc::benone pan:el; thencealonglastsaidlineanditsproductionNorth47° 40' 30" West 62.20 feet to the Northwestern line oftheparcel 'of land described in the deed to the administrator ofthe Estate of Catherine L Schenone,deceased, reCorded July 24, (946 in Book 4944 of Official Records of Alameda County, Page 149;thence alon& last saiä line South 42° 19' 30" West 30 'feet to the direct production Northwesterly ofsaidSouthwesternlineoftheSchenoneparcelfirstabovereferredto; thence along said produced lineandsaidSouthwesternlineSouth47° 40' 30" East 62.20 feet to the actual point of commencement. PARCEL TWO: Together with those certain rights Úeated by instrument dated July 6. 1946 by and between Dale S.Anderson and Ellen Anderson, his wife, First Parties, and Bank of America National Trust andSavingsAssociation, as administrator of the Estate ofCatherine L. Schenone, deceased, Second Party,recorded July 24, 1946 in Book 4944 of Official Records ofAlameda County, Page 149 (1T~639ó8),relative to the Use of the party walJ and certain rainwater drainage facilities of the structure on landsadjoiningontheNorthwest. A.P. No.: 097~O 111-009 o EXHIBITA SEP 19 2002 1:57 PM FR MEYERS NAVE TRW~REÐI 1...10-345-7334 ASSESSOR'S MAP 97 Map o Sçate I"' <1O' 11 510 351 3804 TO 19259604045 P.09/20 J'·'''·''r' ~ J_ SCALI " 1nl QI III __ Cod, Ar.. No..16-0l3 of the M£.Leod Tr'oct ( 8k,Ei p,,¡.2 I N '" Il;e f ~:::ïU~: tr) tl:.,..1~ i' ~ u a o ì;:¡ 0) 0 & Q J., J ~q;; ~ ffè:ì ~ ff ~è1J..v ð' If SOUTH LIVERMORE lOCI' 1~^,''''j LiUS!'- .~ J,i.m i: 1 All. I!U. t t&.I fI. t MC LEOD'~ ST. 112 1ft..,. r. .._ egSe;;...~,5;;; ~S~ ill! r· -., r~~~! 110 &-:~¡.,..... .Jbl!U.. I- m '..~ ~ -=== ~ a:: > ",::';'J 0,,£ ~.. i ¡¡:. ~ '. ~ 0.. ';:! Wr¡Q::>.';i. I <"-'~;:i<~1m ~ "-Ic:::;~~t...c""-'04:"'&";;;2:;L.Cc.::It-.J c..~Qo-....:¡;;... ill!! z:~.5æ8~ z~'-~If «( 0 - u'r-1 Q:!!-,...,:::- Q:.:~~z~ m: ~S;¡:(5<:;~Æc;. Ea:co~<~1m ~~:;~.~(; E!=::' ::> ..., ~.. \:-CL '3.. f~ . ._ q J o os .,4040'::10'11: tlVENUË Ir--_______--..,.--=_,~_____AG,. 49 I· -----_____ IU""'''tI.1:../. .¡: S. L I V E R M O R E A V E RAILROAD AVE EXHIBIT 1.2 30 South Livermore Avenue (future Hotel site - parcel #2) APN: 098-0407-013-00 Please conform and return. RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City Clerk City of Livermore 1052 S. Livermore Avenue Livermore, CA 94550-4899 111111~ UllHH_, PGS SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY APN: 098-0407-013-00 No Recording Fee -Gov. Code 27283 The undersigned grantor( s) declare( s) GRANT DEED Documentary transfer tax is EXEMPT Government Code R& T 11922 [ ] computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at time of sale, [ ] Unincorporated Area [ X] City of Livermore FOR VALUABLE CONSDERATION, receipt of which is hereby acknowledged, I ~-0 ~J ~COPY City of Livermore, a municipal corporation, with an address of 1052 S. Livermore Avenue, Livermore, California 94550 hereby GRANTS (S) to the Livermore Successor Agency, a separate public entity succeeding to the status of the former Redevelopment Agency of the City of Livermore as authorized and required by California Health and Safety Code sections 53760.1(f), 34170, and 34173(g) The following described real property in the City of Livermore, County of Alameda, State of California: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HERE OF, SUBJECT TO THE COVENANTS AND RESTRICTIONS IN EXHIBIT "B" ATTACHED HERETO. DATED: February 14, 2013 By:~~ 'M8rcRobertS:dfyMaflagef STATE OF CALIFORNIA COUNTY OF ALAMEDA ON-----------before me, personally appeared Personally kno to !j(o proved to me on the basis of satisfactory evidence) b person whose name is subscribed to the with in instrument · k ged to me that he executed the same in his authorized ca ~~by his signature on the instrument the person, or the en~~ ~f the person acted, executed the instrument. I certify under PENAL TY OF PERJURY under 1~0he State of California that the foregoing paragraph is true anr::.;lct. Witness my hand and official seal. Signature:------------- MAIL TAX STATEMENTS AS DIRECTED ABOVE City Clerk's Office fEB 2 0 1n13 City of 1..1'ftttmore Y ,~·····ii "· .. J. } STATE OF CALIFORNIA } SS. COUNTY OF ALAMEDA } before me, __ """S"""U"""S ..... A"'""N-'-N=E=E'-'-R"""" . ..--C ..... IT'"""'Y_C"'"'L=E=R-=K~, personally appeared !MM lLc~ Q.i..fq~ who proved to me on the basis of satisfacto~ evidencetObetPerson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature_--+[&&----~---~--------- EXHIBIT A \LEGAL DESCRIPTION REAL PROPERTY in the City of Livermore, County of Alameda, State of California, described as follows: A PORTION OF BLOCK 1, MAP OF THE MACLEOD TRACT, FILED SEPTEMBER 8, 1875, MAP BOOK 6, PAGE 2, ALAMEDA COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERN CORNER OF A LOT CONVEYED TO M.D. DUTCHER, IN BOOK 269 OF DEEDS, PAGE 267; THENCE SOUTHWESTERLY ALONG THE SOUTHEAST LINE OF THE SWITCH TRACT OF THE CENTRAL PACIFIC RAILROAD (NOW THE SOUTHERN PACIFIC COMPANY) 104 FEET TO A POINT 10 FEET DISTANT FROM THE STREET CURB AS NOW LAID ON THE NORTHEAST LINE OF LIVERMORE AVENUE; THENCE SOUTHEASTERLY AND PARALLEL WITH SAID STREET CURB 50 FEET; THENCE AT RIGHT ANGLES NORTHEASTERLY 107.8 FEET TO THE NORTHEAST LINE OF SAID LOT DEEDED TO DUTCHER; THENCE ALONG THE LAST SAID LINE 32.3 FEET TO THE POINT OF BEGINNING. ASSESSOR'S PARCEL NO. 098-0407-013-00 Page 1 of 1 EXHIBIT "B" COVENANTS AND RESTRICTIONS The Livermore Successor Agency (the "Grantee"), a separate public entity succeeding to the status of the former Redevelopment Agency of the City of Livermore as authorized and required by California Health and Safety Code sections 53760.1 (f), 34170, and 34173(g), hereby covenants and agrees, for itself and its successors and assigns, to pursue the redevelopment of the property restricted hereby ("Property") former Redevelopment Agency of the City of Livermore in furtherance of the Redevelopment Plan adopted by the former Redevelopment Agency of the City of Livermore as such plan may be modified by a long range real property management plan adopted and approved by the Oversight Board for the Livermore Successor Agency. 1 . The Grantee covenants and agrees, for itself and its successors and assigns, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, age, marital status, notional origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Grantee itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property and the improvements thereon. All deeds, leases or contracts made relative to the Property thereon or any part thereof, shall contain or be subject to substantially the following non-discrimination clauses: In Deeds: "(1) Grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein conveyed, nor shall the grantee or any person claiming under or through the grantee, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The foregoing covenant shall run with the land. (2) Notwithstanding paragraph (1 ), with respect to familial status, paragraph ( 1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (1 )." Page 1 of 3 In Leases: "(1) Lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph ( 1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee or any person claiming under or through the lessee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased. (2) Notwithstanding paragraph (1 ), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51,3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (1 )." In Contracts: "(1) There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property nor shall the transferee or any person claiming under or through the transferee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land. (2) Notwithstanding paragraph (1 ), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (1 )." 2. The covenants contained in herein regarding non-discrimination shall remain in effect in perpetuity. 3. The covenants contained in this Grant Deed shall, without regard to technical classification or designation, legal or otherwise specifically provided in this Grant Deed, be, to the fullest extent permitted by law and equity, binding for the benefit and in favor of and enforceable by the City of Livermore, its successors and assigns, and any successor in interest to the Property or any part thereof, and such covenants shall run in favor of the City of Page 2 of 3 Livermore and such aforementioned parties for the entire period during which such covenants shall be in force and effect, without regard to whether the City of Livermore is or remains an owner of any land or interest therein to which such covenants relate. In the event of any breach of any of such covenants, the City of Livermore and such aforementioned parties shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other property proceedings to enforce the curing of such breach. The covenants contained in this Grant Deed shall be for the benefit of and shall be enforceable only by the City of Livermore, its successors and such aforementioned parties. 4. Only the City of Livermore, its successors and assigns, and the Grantee and the successors and assigns of the Grantee in and to all or any part of the fee title to the Property shall have the rights to consent and agree to changes or to eliminate in whole or in part any of the covenants contained in this Grant Deed or to subject the Property to additional covenants, easements, or other restrictions. For purposes of this Section, successors and assigns of the Grantee shall be defined to include only those parties who hold all or any part of the Property in fee title, and not to include a tenant, lessee, easement holder, licensee, mortgagee, trustee, beneficiary under deed of trust, or any other person or entity having an interest less than a fee in the Property. Page 3 of 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property (APN 098-0407-013-00) conveyed by the Grant Deed, dated February 15, 2013, from the City of Livermore, a municipal corporation, with an address of 1052 S. Livermore A venue, Livermore, California 94550 to the City of Livermore Successor Agency, a separate public entity succeeding to the status of the former Redevelopment Agency of the City of Livermore as authorized and required by California Health and Safety Code sections 53760.l(t), 34170, and 34173(g), is hereby accepted by the undersigned City Clerk on behalf of the City of Livermore pursuant to authority conferred by Resolution No. 1-65 of the City Council adopted on January 4, 1965, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: February 15, 2013 ~y~ City of Livermore 1052 South Livermore Avenue Livermore, CA 94550   FCOSINGREQUESTEDBYOldRepuolicTitleCompanyoRDra1117002508JMAPNOS70111012WHENRECORDEDMAILTONameRedevelopmentAgencyoftheCityofLivermoreAttnCityClerk3Street1052SLivermoreAvenueAddress2StateLivermoreCA94550ZlpLJNofeeforrecordingpursuanttoGovernmentCodeSection27383qQ2052597078i205120Col1hIfIHiRECuhUJJFHLrvPCyU1F1TiPATRICKUCUNNELLRECURDINGFEEsccOPNc5aX597itIili3yIIIIjifsliiIIilIIIIIIIbCISPACEABOVETHISLINEISFORRECORDERSUSEGrantDeedcTheundersignedgrantorsdeclaresCityClerksDocumentarytransfertaxis000ExemptCfffoeXcomputedonfullvalueofpropertyconveyedorTJUL26200acomputedonfullvaluelessofliensandencumbrancesremainingattimeofsaleUnincorporatedareaXCityofLivermoreCityo1RealtynotsoldIivermorFORAVALUABLECONSIDERATIONreceiptofwhichisherebyacknowledgedDorothyLeeValpergaindividuallyandasTrusteeforthe1991ValpergaFamilyTrustunderInstrumentdatedApril11992herebyGRANTStoRedevelopmentAgencyoftheCityofLivermorethatpropertyinCityofLivermoreAlamedaCountyStateofCaliforniadescribedasSeeExhibitAattachedheretoandmadeaparthereofMailTaxStatementstoGranteeataddressaboveDateJune292005STATEOFCALIFORNIA1991ValpergaFamilyTrustunderInstrumentdatedApril11992COUNTYOFlOnbeforemetheByundersignedaNotaPublicinandforsaidStatepersonallyappearedDorothyLValpergaIidallyandasTrusteeOfOr0IVVyQfJ4ti7the1991ValpergaFamilyTrustunderInstrumentdatedApril11992perenaHpknowirtymeorprovedtomeonthebasisofsatisfactoryevidencetobethepersowhosenamsIarebscribedtothewithininstrumentaackhowledgedtomethatdietieyexecutedthemeinbieratheirauthorizedcapacitysandthatbyekeirsignaturontheinstrumentthepersonortheentityuponbehalfofwhichthepersooactedexecutedtheinstrumentWITNESSmyhandandalsealSignatureNametypedorprintedDAWNRIVEIRACommission1344060NotaryPublicCaliforniaisarezAlamedaCountyDAWNRIVEIRACommission1344DB0iNotaryPublicCaliforniaAlamedaCountyMYCommFxpirgsFeb222006J4ec9ZY1A1MAILTAXSTATEMENTASDIRECTEDABOVEYmmtxpiresFeb2220069256877880 ORDERNO1117002508JMEXHIBITAThelandreferredtoissituatedintheCountyofAlamedaCityofLivermoreStateofCaliforniaandisdescribedasfollowsBeginningatthemostNortherlycornerofaLotoflandheretoforeconveyedbyAJBryanttoNDDutcherbyDeeddatedApril30th1884andrecordedinLiber269ofDeedsatPage267intheofficeoftheCountyRecorderofAlamedaCountyaforesaidthenceSouthwesterlyalongtheSoutheasterlylineoftheswitchtrackoftheCentralPacificRailroadnowtheSouthernPacificCoonehundredandfourfeettoapointtenfeetdistantfromthestreetcurbasnowlaidontheNorthEasterlylineofLivermoreAvenuethenceSoutheasterlyandparallelwithsaidstreetcurbfiftyfeetthenceatrightanglesNortheasterlyonehundredandsevenandonehalffeettotheNortheasterlylineofsaidLotsodeededbysaidBryanttosaidDutcherasaforesaidandthencealongsaidlastlinethirtytwoandthreetwelfthsfeettothepointofbeginningBeingaportionofBlocknumbered1assaidBlockislaiddownandsodesignatedonacertainMapentitledMapoftheMcLeodTractLivermoresubdividedAugust1875WFBoardmanSurveyorandfiledintheofficeoftheCountyRecorderofsaidAlamedaCountyonSeptember8th1875inMapBook6Page10APN0970111012 CERTIFICATEOFACCEPTANCEThisistocertifythattheinterestinrealpropertyconveyedbytheGrantDeeddatedJuly12005fromDorothyLeeValpergaIndividuallyandasTrusteeofthe1991ValpergaFamilyTrustunderinstrumentdatedApril11992APN097011101200totheRedevelopmentAgencyoftheCityofLivermoreisherebyacceptedbytheundersignedSecretaryonbehalfoftheRedevelopmentAgencyoftheCityofLivermorepursuanttoauthorityconferredbyResolutionNoRA389oftheRedevelopmentAgencyoftheCityofLivermoreadoptedonJanuary231989andthegranteeconsentstotherecordationthereofbyitsdulyauthorizedofficerDatedJuly62005AliceCalvertSecretaryRedevelopmentAgencyoftheCityofLivermore1052SouthLivermoreAvenueLivermoreCA94550  S. L S T S . L I V E R M O R E A V E 2324 Second Street (former SBC building site) APN: 097-0110-013-00 EXHIBIT 2.1 SECOND ST FIRST ST IN THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AND SALE AGREEMENT AND GRANT DEED, AND APPROPRIATION OF FUNDS SOUTHWESTERN BELL COMMUNICATIONS SERVICES, INC.-2324 SECOND STREET, APPROPRIATION OF $780,000 FROM PROJECT NO. 200263) BE IT RESOLVED by the Redevelopment Agency ofthe City of Livermore that: 1. The Executive Director is authorized to execute on behalf of the Redevelopment Agency a Purchase and Sale Agreement and Grant Deed between the Redevelopment Agency and Southwestern Bell Communications Services, Inc, for property at 2324 Second Street, for a 1500-seat Performing Arts Theater site. A copy of which is on file in the office of the City Clerk. 2. An appropriation of $780,000 from Project 200263 for purchase of the property at 2324 Second Street is approved. APPROVED AS TO FORM: d~tI~ GENERAL COUNSEL On the motion of Chairperson Kamena, seconded by Agencymember Leider, the foregoing Resolution was passed and adopted this 25th day of October, 2004, by the following vote: AYES: Agencymembers Beeman, Leider, Reitter, and Chairperson Kamena NOES: None ABSENT: Agencymember Dietrich ABSTAIN: None h1~¢>(~ CHAIRPERSON, REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE, CALIFORNIA 1¿LW- S RESOLUTION NO. RA-2004-23 EXHIBIT 3.1 Railroad Avenue High Density Mixed Income Residential Project (formerly Regional Theater site) APN: 098-0289-018-00 S . L I V E R M O R E A V E S. L S T FIRST ST SECOND ST (Property was APN: 098-0289-012-08 at time acquired) (Parcel Map 9926 created current parcel)   29 S. Livermore Avenue High Density Mixed Income Residential Project (formerly Regional Theater Plaza site) APN 098-0289-019-00 EXHIBIT 3.2 S . L I V E R M O R E A V E S. L S T FIRST ST SECOND ST (Property was APN 098-0289-012-08 at time acquired) (Parcel Map 9926 created current parcel)  itECORDINGREQUESTEDBYArovor49sWhenRecordedMailDocumentb20083270441110120080954pMandTaxStatementTooFICIALRECORDSofPATRICKOCONNELLALAMEDACOUNTYORECORDINGFCityofLivermoreEEaoe1052SLivermoreAvenueIiLivermoreCA94550sPGsSPACEABOVETHISLINEFORRECORDERSUSEQUCiNfUAPN098028901208lit4wGRANTDEEDNoFeeforrecordingpursuanttoGovernmentTheeundersignedgrantorsdeclarescodeSection27383DocumentarytransfertaxiscomputedonfullvalueofpropertyconveyedorcomputedonfullvaluelessvalueofliensorencumbraesremainingattimeofsaleUnincorporatedAreaXCityofLivermoreZciFORVALUABLECONSDERATIONreceiptofwhichisherebyacknowledgedCityofLivermoreamunicipalcorporationherebyGRANTSStoRedevelopmentAgencyoftheCityofLivermoreaPublicBodyCorporateandPoeticwithanaddressof1052SLivermoreAvenueLivermoreCalifornia94550ThefollowingdescribedrealpropertyintheCityofLivermoreCountyofAlamedaStateofCaliforniaSeeEzhibitAAttachedheretoandmadeaparthereofDATEDOctober272008STATEOFCALIFORNIAGQUNTYOFALAMEDAbeforemepersonallyappearedByJameswPergssshtCinnuvaCityofLivermorePersonallyknowntoavedtomeonthebasisofsatisfadoryevidenttpersonswhosenamesisaresubscribedthininstrumentandacknowledgedtomethatheJtheyexecutedthesameinhishertheirauthorizedpaatyiesandthatCityClerksbyhistmertheirsignaturesoninstrumenttheOfficepersonsortheenfityuponbehalfthepersonsagedexecutedtheinstrumentNOV26200WitnessmyhandandoffiaalsealCltyOfSignatureLivermorMAILTAXSTATEMENTSASDIRECTEDABOVEGrantDeed STATEOFCALIFORNIASSCOUNTYOFALAMEDAOnprnhclQoobeforemeSUSANGIBBSINTERIMCITYCLERKpersonallyappearedJlNipAn60no1s1auvltilimacRnwhoprovedomeonthebasisofsatisfactoryevidencetobethepersonswhosenamesisaresubscribedtothewithininstrumentandackrwwledgedtomethatheshetheftexecutedthesameinhishertheirauthorizedcapacityiesandthatbyhishertheirsignaturesontheinstrumentthepersonsortheentityuponbehalfofwhichthepersonsactedexecutedtheinstrumentIcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrectWITNESSmyhandandofficialsealSinature ORDERNO1117005314JMEXHIBITAThelandreferredtoissituatedintheCountyofAlamedaCityofLivermoreStateofCaliforniaandisdescribedasfollowsPARCELONEBeginningattheintersectionoftheWesternlineofNorthLivermoreAvenuewiththeNorthernlineofthestripofland10000feetwideoftheCentralPacificRailwayCompanyandrunningthencealongsaidNorthernlineSouth693000West19086feettotheNortheasternlineoftheparceloflandconveyedbyWilliamMMendenhalltoWesternPacificRailwayCompanydatedApril191870recordedMay111870Book55ofDeedsPage50AlamedaCountyRecordsthencealonglastsaidlineandtheextensionthereofNorth505930West12349feettotheSouthernlineofRailroadAvenuethencealongtheSouthernlineSouth693000West45848feettotheEasternlineofNorthLStreetthencealongsaidEasternlineSouth203000East35647feettotheSoutheasterlylineoftheaforesaidparceloflanddescribedinthedeeddatedApril191870fromCJStevenetaltoWesternPacificRailroadCompanythencealongtheSoutheasterlylineNorth693000East28181feettothemostSoutherlycorneroftheparceloflanddescribedinthedeeddatedApril191870fromCJStevenetaltoWesternPacificRailroadCompanyrecordedMarch181871Book64ofDeedsPage340AlamedaCountyRecordsthenceNorth613338Eastalongthesoutheasterlylineoflastsaiddeed46817feettotheWesterlylineofNorthLivermoreAvenuethencealongsaidWesternlineNorth391040West9014feetSouth693000West409feetandNorth203000West10000feettothepointofbeginningEXCEPTINGTHEREFROMAAllthatportionofsaidpropertylyingbelowadepthof500feetwithoutsurfaceentryrightshoweverasexceptedinthedeedtoSouthernPacificTransportationtoSouthernPacificDevelopmentCompanyasrecordedJuly151974OfficialRecordsSeriesNo74091689BAllthatportionconveyedtotheCityofLivermorebyQuitclaimDeedfromStephenBBleyetalasrecordedFebruary81984OfficialrecordsSeriesNo8425969PARCELTWOBeginningatapointonalinedrawnparallelwithanddistantrightanglemeasureNorthwesterly12500feetfromtheNorthwesternlineofWestFirstStreetformerlyFirstStreetassaidstreetnowexistsdistantthereonsaidlineSouth693000West29426feetfromtheintersectionthereofwiththeEasternlineofRanchoEIValledeSanJoserunningthenceNorth282622West15442feettotheactualpointofbeginningthenceSouth613338West24511feetthenceSouth693000West6000feetthenceSouth203000East8000feetthenceNorth693000East6000feetthenceSouth203000East400feetthenceNorth693000East25920feetthenceNorth282622West11900feettotheactualpointofbeginningPARCELTHREEPage1of2 NonexclusivereciprocaleasementsappurtenanttoParcelOneandTwoaboveforatermof52yearsfromNovember71975asgrantedinthatcertainAgreementbyandbetweenSouthernPacificDevelopmentCompanyandEvaBurnhametaluponthetermsandconditionscontainedthereinrecordedMay181979OfficialRecordsSeriesNo79095080APN098028901208PageZof2 CERTIFICATEOFACCEPTANCEThisistocertifythattheinterestinrealpropertyconveyedbytheGrantDeeddatedOctober272008fromtheCityofLivermoreAPN098028901208totheRedevelopmentAgencyoftheCityofLivermoreisherebyacceptedbytheundersignedSecretaryonbehalfoftheRedevelopmentAgencyoftheCityofLivermorepursuanttoauthorityconferredbyResolutionNoRA389oftheRedevelopmentAgencyoftheCityofLivermoreadoptedonJanuary231989andthegranteeconsentstotherecordationthereofbyitsdulyauthorizedofficerDatedNovember62008JSusanGibbsInterimSecretaryRedevelopmentAgencyoftheCityofLivermore1052SouthLivermoreAvenueLivermoreCA94550 EXHIBIT 3.3 2093 Railroad Avenue and 20-22 South L Street (Livermore Village site) APN: 098-0289-021-00 FIRST ST SECOND ST S . L I V E R M O R E A V E S. L S T EXHIBIT A.1 (Property was APN 098-0289-012-08 at time acquired) (Parcel Map 9926 created current parcel)  2047 First Street (former Greiner parcel) APN: 097-0013-009-00 FIRST ST SECOND ST S . L I V E R M O R E A V E S. L S T EXHIBIT A.2 2121 Railroad Avenue (former Harris parcel) APN: 098-0289-020-00 S . L I V E R M O R E A V E S. L S T FIRST ST SECOND ST EXHIBIT A.3 (Property was APN: 098-0289-002-02 at time acquired) (Parcel Map 9926 created current parcel)  LEGAL DESCRIPTION 2121 Railroad Avenue Real property in the City of Livermore, County of Alameda, State of California, described as follows: Parcel 3 of Parcel Map 9926, filed February 23, 2010 in Book 315 of Maps, at pages 41-42, Alameda County Records. Assessor’s Parcel No. 098-0289-020-00  2139 Railroad Avenue (former Kibler parcel) APN: 098-0289-002-01 S . L I V E R M O R E A V E S. L S T FIRST ST SECOND ST EXHIBIT A.4 cyRECORDINGREQUESTEDBY1FirstAmericanTitleCompanyANDWHENRECORDEDMAILDOCUMENTANDTAXSTATEMENTTORedevelopmentAgencyoftheCityofLivermoreCityClerksOffice1052SoLivermoreAvenueLivermoreCA94550vr1Oq920092025430626120090830R1OFFICIRLRECORDSOFALAMEDACOUNTYPATRICKOCONNELLCL1vpPKRECORDINGFEE000YIINIUIVYinVVPIIIV4UFG0TGOJZ7AfNU98028900201FileNo0131614586a1aDBGRANTDEEDTheUndersignedGrantorsDeclaresDOCUMENTARYTRANSFERTAXExemptRT11922SaletoGovernmentalAgencyCITYTRANSFERTAXSURVEYMONUMENTFEEcomputedontheconsiderationorfullvalueofpropertyconveyedORcomputedontheconsiderationorfullvaluelessvalueofliensandorencumbrancesremainingattimeofsaleunincorporatedareaxCityofLivermoreandFORAVALUABLECONSIDERATIONreceiptofwhichisherebyacknowledgedGeorgeLKiblerandDorisSKiblerTrusteesoftheGeorgeandDorisKiblerLivingTrustdatedFebruary52008herebyGRANTStoRedevelopmentAgencyoftheCityofLivermoreapublicbodycorporateandpoliticthefollowingdescribedpropertyintheCityofLivermoreCountyofAlamedaStateofCaliforniaAPORTIONofPlots17and18intheRanchoEIVa11edeSanJoseandportionofLot5ofSection8inTownship3SouthRange2EastMDBMboundedasfollowsBEGINNINGatapointonthesoutheasternlineofRailroadAvenuedistantthereonSouth6930West110feetfromthesouthwesternlineofLivermoreAvenuenowSouthLivermoreAvenuerunningthencealongsaidlineofRailroadAvenuesouth6930West70feetthenceparallelwithsaidlineofSouthLivermoreAvenueSouth2030East78feetthenceparallelwithsaidlineofRailroadAvenueSouth6930West2524feetmoreorlesstothesouthwesternlineoftheparceloflanddescribedintheDeedofGiftbyGeorgeEHolttoMarianELambertetalrecordedJune231945SeriesNoSS39729Book4698OrPage307AlamedaCountyRecordsthencealongthelastmentionedlinesoutheasterly3228feetmoreorlesstothenorthwesternlineofthe100footrightofwayoftheCentralPacificRailroadCompanythencealongthelastmentionedlineNorth6930east7918feettotheeasternlineofsaidLambertparceloflandthencealongthelastmentionedlineNorth2030west106feettothepointofbeginning1fA11vqtyCnifllJUL142009onerAboveThisLineforRecordersUseOnlyMailTaxStatementsToSAMEASABOVE GrantDeedcontinuedDate06192009APN09802890020lDated06192009GeorgeLKiblerandDorisSKiblerTrusteesoftheGeorgeandDorisKiblerLivingTustdatedFebruary52008jGeorLKiblerTrusteefroSDorisSKiblerTrusteeSTATEOFLRtiTrMSSCOUNTYOFOntiTbeforemPublicpersonallyappearedraraGLCrNotarywhoprovedtomeonthebasisofsatisfactoryevidencetobethepersonswhosenamesisaresubscribedtothewithininstrumentandacknowledgedtomethatheshetheyexecutedthesameinhishertheirauthorizedcapacityiesandthatbyhishertheirsignaturesontheinstrumentthepersonsortheentityuponbehalfofwhichthepersonsactedexecutedtheinstrumentIcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrectWITNESSmyhandandofficialsealSignareUyDIANEgtjRTONcotessa2eoMOTARYP1l1ALM1EpkyCOUNIYCommExPDEC272012MyCommissionExpiresa7J3NotaryNamelQllldrf7NotaryRegistrationNumberZciThisareaforocianotariaseaNotaryPhonecJsiSCountyofPrincipalPlaceofBusinessPage2of2FileNo0131614586a1aDB AttachmentBCERTIFICATEOFACCEPTANCEThisistocertifythattheinterestinrealpropertyconveyedbytheGrantDeedAPN0980289002OLdatedafromGeorgeLKiblerandDorisSKiblerTrusteesoftheGeorgeandDorisKiblerLivingTrusttotheRedevelopmentAgencyoftheCityofLivermoreapublicbodycorporateandpoliticisherebyacceptedbytheundersignedCityClerkonbehalfoftheCityofLivermorepursuanttoauthorityconferredbyResolutionNo165oftheCityCounciladoptedonJanuary41965andthegranteeconsentstotherecordationthereofbyitsdulyauthorizedofficerDATEDJ7aLSusanGibbsInterimCityClerkCityofLivermore1052SouthLivermoreAvenueLivermoreCA94550 IN THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A COOPERATION AGREEMENT WITH THE CITY OF LIVERMORE TO ACCEPT A LOAN NOT TO EXCEED $1,370,000 IN HOUSING TRUST FUNDS (FUND 611) FOR THE PURCHASE OF REAL PROPERTY AND THE RELOCATION BENEFITS OF THE BUSINESS, CIRCUIT TEST, LOCATED AT 2139 RAILROAD; AND, EXECUTING A PURCHASE AND SALE AGREEMENT AND FULL SETTLEMENT AND RELEASE IN THE AMOUNT $1,360,000 WITH GEORGE KIBLER RELATED TO THE ACQUISITION OF PROPERTY LOCATED AT 2139 RAILROAD AVENUE, ESCROW COSTS, OPERATING COSTS, AND RELOCATION COSTS ASSOCIATED WITH THE BUSINESS CIRCUIT TEST It is desirable for the Redevelopment Agency of the City of Livermore (Agency) to purchase the real property located at 2139 Railroad Avenue (APN 098-0289-002-01) from George Kibler and provide relocation benefits to George Kibler, owner of Circuit Test, the business located at 2139 Railroad; in the amount of $1,360,000; and, to borrow Housing Trust Funds (F611) in an amount not to exceed $1,370,000 from. the City for that purpose, including the administrative and transactional costs associated with the purchase and settlement. IT IS RESOLVED by the Redevelopment Agency of the City of Livermore that the Executive Director on behalf of the Redevelopment Agency is authorized to: Enter into a Cooperation Agreement with the City of Livermore to borrow an amount not to exceed $1,370,000 in Housing Trust Funds (F611) from the City for the purchase of 2139 Railroad Avenue and all claims for relocation benefits and services associated with Circuit Test; and BE IT FURTHER RESOLVED by the Redevelopment Agency of the City of Livermore that the Executive Director on behalf of the Redevelopment Agency is authorized to: Execute the Purchase and Sale Agreement and Full Settlement and Release with George Kibler related to the acquisition of property located at 2139 Railroad Avenue and the associated relocation benefits and services of the business Circuit Test in the amount not to exceed $1,370,000; and, sign all related documents. On the motion of Agencymember Horner, seconded by Agencymember Leider, the foregoing resolution was passed and adopted on the 11th day of May, 2009, by the following vote: AYES: Agencymembers Horner, Leider, Vice Chair Marchand, Chairperson Kamena NOES: None ABSENT: Agencymember Williams ABSTAIN: None ATTEST: I TERIM SECRETARY SUSAN GIBBS DATE: May 12, 2009 APPROVED AS TO FORM: r~~ AGENCY GENERAL COUNSEL JOHN J. POMIDOR RESOLUTION NO. RA-2009-011 INTHECITYCOUNCILOFTHECITYOFLIVERMORESTATEOFCALIFORNIAARESOLUTIONAUTHORIZINGENTERINGINTOACOOPERATIONAGREEMENTWITHTHEREDEVELOPMENTAGENCYOFTHECITYOFLIVERMORETOLOANTHEAGENCYANAMOUNTNOTTOEXCEED1370000INHOUSINGTRUSTFUNDSFUND611FORTHEPURCHASEOF2139RAILROADAVENUEAPN098028900201ESCROWCOSTSOPERATINGCOSTSANDRELOCATIONCOSTSASSOCIATEDWITHCIRCUITTESTTheRedevelopmentAgencydesirestoborrowanamountnottoexceed1350000fromtheCityforthepurchaseofthepropertylocatedat2139RailroadAvenueandallclaimsforrelocationbenefitsandservicesassociatedwithCircuitTestincludingbutnotlimitedtoactualmovingexpensespotentiallossofgoodwillandcompensationforimmovablefurnishingsfixturesandequipmentandassociatedcostsincurredortobeincurredasaresultthereofBEITRESOLVEDbytheCityCounciloftheCityofLivermorethattheCityManagerisauthorizedonbehalfoftheCityofLivermoreto1Appropriate1370000inHousingTrustfundsF611toloantheRedevelopmentAgencyoftheCityofLivermoretocovercostsassociatedwiththeacquisitionofthepropertylocatedat2139RailroadAvenue2EnterintoaCooperationandRepaymentAgreementwiththeRedevelopmentAgencytoloantheAgencyupto1370000forthepurchaseof2139RailroadAvenueandtheassociatedrelocationbenefitsandservicesofthebusinessCircuitTestBEITFURTHERRESOLVEDbytheCityCounciloftheCityofLivermorethattheCityManagerisauthorizedtosignalldocumentsasmaybenecessarytoassisttheRedevelopmentAgencyoftheCityofLivermorewiththepurchaseofthepropertylocatedat2139RailroadAvenueOnthemotionofCouncilmemberHornersecondedbyCouncilmemberLeidertheforegoingresolutionwaspassedandadoptedonthe11thdayofMay2009bythefollowingvoteAYESCouncilmembersHornerLeiderViceMayorMarchandMayorKamenaNOESNoneABSENTCouncilmemberWilliamsABSTAINNoneATTESTDATEVINTERIMCITYCLERKSUSANGIBBSDATEMay122009APPROVEDASTOFORMCITYATTORNEYJOHNJPOMIDORRESOLUTIONNO2009086 1635 Chestnut Street (former Antrim Shopping Center) APN: 098-0290-006-07 098-0290-011-01 EXHIBIT A.5 N P S T N N S T N M S T N O S T CHESTNUT ST RECORDING REQUESTED BY First American Title Company AND WHEN RECORDED MAIL DOCUMENT TO Redevelopment Agency City of Livermore IT 1052 South Livermore Avenue Livermore CA 94550 14Y l 9X 2010210135 07302010 0830 AM OFFICIAL RECORDS OF ALAMEDA COUNTY PATRICK OCONNELL C4FoVk0 RECORDING FEE 000 I I I I I I I G PGS tEN S Space Above This Line for Recorders Use Only APN 098 70290011Ohand 0980290 file No 6131617397ala DB 00607 GRANT DEED R I C1 The Undersigned Grantors Declares DOCUMENTARY TRANSFER TAX Exempt City government agency is grantee CITY TRANSFER TAX SURVEY MONUMENT FEE F x 1 computed on the consideration or full value of property conveyed OR computed on the consideration or full value less value of liens andor encumbrances remaining at time of sale unincorporated area x City of Livermore and FOR A VALUABLE CONSIDERATION receipt ofwhich is hereby acknowledged CRP Properties Inc a California corporation hereby GRANTS to Redevelopment Agency of the City of Livermorea Body Corporate and Government the following described property in the City of Livermore County of Alameda State of California PARCEL ONE A PORTION OF BLOCK 8 MAP OF THE NORTHERN ADDITION TO THE TOWN OF LIVERMORE FILED SEPTEMBER 20 1875 MAP BOOK 2 PAGE 51 ALAMEDA COUNTY RECORDS AND ALSO APORTION OF THE NORTH O STREET AND A PORTION OF OLIVINA AVENUE SAID NORTH O S Ni115TREETOLIVINA AVENUE WERE ABANDONED BY THE CITY OF LIVERMORE Y RESOLUTION NO 4960 ORDINANCE NO 432 ON APRIL 4 1960 A CERTIFIED COPY OF WHICH WAS RECORDED APRIL 20 1960 SERIES NO AR 45900 REEL 71 OR IMAGE 25 ALAMEDA COUNTY RECORDS AND ALSO A PORTION OF THAT CERTAIN 215 ACRE PARCEL OF LAND DESCRIBED IN DEED FROM STANDARD REALTY AND DEVELOPMENT COMPANY A CORPORATION TO THE WESTERN PACIFIC RAILROAD COMPANY A CORPORATION DATED NOVEMBER 27 1925 RECORDED DECEMBER 2 1925 SERIES NO U 98808 BOOK 1126 OR PAGE 399 ALAMEDA COUNTY RECORDS DESCRIBED AS FOLLOWS BEGINNING AT A POINT ON THE SOUTHERN LINE OF CHESTNUT STREET DISTANT THEREON NORTH 69 30 EAST 14010 FEET FROM THE INTERSECTION THEREOF WITH THE EASTERN LINE OF NORTH P STREET FORMERLY P STREET AS SAID STREETS ARE SHOWN ON SAID MAP THENCE ALONG SAID LINE OF CHESTNUT STREET NORTH 69 30 EAST 20000 FEET TO THE CENTER LINE OF SAID NORTH O STREET ABANDONED THENCE ALONG THE City CISTNTIONED LINE SOUTH 20 30 EAST 128845 FEET THENCE SOUTH 69 30 WEST UNTIL INTERSECTED BY A LINE DRAWN SOUTH 20 30 EAST FROM THE POINT SEP 01BGINNING THENCE NORTH 20 30 WEST 128845 FEET TO THE POINT OF BEGINNING City of Livermore Mail Tax Statements To SAME AS ABOVE d Grant Deed continued Date 07142010 A PORTION OF THAT CERTAIN 215 ACRE PARCEL OF LAND DESCRIBED IN THE DEED FROM STANDARD REALTY AND DEVELOPMENT COMPANY A CORPORATION TO THE WESTERN PACIFIC RAILROAD COMPANY A CORPORATION AS RECORDED DECEMBER 2 1925 BOOK 1116 OR PAGE 399 AND ALL OF THAT CERTAIN PARCEL OF LAND CONVEYED BY RALPH B AND HELEN E PAHLMEYER TO THE WESTERN PACIFIC RAILROAD COMPANY RECORDED MAY 3 1961 ON REEL 317 OR IMAGE 623 ALAMEDA COUNTY RECORDS DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID 215 ACRE PARCEL OF LAND CONVEYED BY REALTY AND DEVELOPMENT COMPANY TO THE WESTERN PACIFIC RAILROAD COMPANY THENCE FROM SAID POINT OF COMMENCEMENT NORTH 20 30 WEST ALONG THE SOUTHWESTERLY LINE THEREOF A DISTANCE OF 500 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND TO BE DESCRIBED THENCE FROM SAID POINT OF BEGINNING CONTINUING NORTH 20 30 WEST ALONG SAID SOUTHWESTERLY LINE A DISTANCE OF 156925 FEET TO THE SOUTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY THE WESTERN PACIFIC RAILROAD COMPANY TO RALPH B AND HELEN E PAHLMEYER RECORDED DECEMBER 4 1962 ON REEL 739 OR IMAGE 667 ALAMEDA COUNTY RECORDS THENCE NORTH 69 30 EAST ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL OF LAND CONVEYED TO RALPH B AND HELEN E PAHLMEYER AND ITS NORTHEASTERLY PROJECTION A DISTANCE OF 443510 FEET THENCE SOUTH 20 30 EAST A DISTANCE OF 61445 FEET TO A POINT ON THE SOUTHERLY LINE OF OLIVINA AVENUE NOW CLOSED THENCE NORTH 89 22 EAST ALONG SAID SOUTH LINE OF OLIVINA AVENUE NOW CLOSED A DISTANCE OF 280054 FEET TO A POINT 500 FEET NORTHWESTERLY MEASURED AT A RIGHT ANGLE FROM THE SOUTHEASTERLY LINE OF SAID 215 ACRE PARCEL OF LAND THENCE SOUTH 69 2830 WEST ALONG A LINE PARALLEL TO SAID SOUTHEASTERLY LINE AND 500 FEET NORTHWESTERLY MEASURED AT A RIGHT ANGLE THEREFROM A DISTANCE OF 706897 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM ALL MINERALS OIL GAS AND OTHER HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500 FEET WITHOUT THE RIGHT OF SURFACE ENTRY AS RESERVED IN THE DEED EXECUTED BY THE WESTERN PACIFIC RAILROAD COMPANY RECORDED NOVEMBER 7 1969 REEL 2511 OR IMAGE 18 SERIES NO 126377 ALAMEDA COUNTY RECORDS ALSO EXCEPTING THEREFROM ALL THAT PART LYING SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF THE EASEMENT GRANTED TO THE CITY OF LIVERMORE FOR PUBLIC STREET PURPOSES BY DEED RECORDED FEBRUARY 27 1962 REEL 523 OR IMAGE 735 SERIES NO AT25704 OF OFFICIAL RECORDS ALSO EXCEPTING THEREFROM THAT PORTION AS GRANTED TO THE CITY OF LIVERMORE IN DEED RECORDED JANUARY 27 1977 REEL 4697 IMAGE 476 OFFICIAL RECORDS PARCEL THREE POIRTIONS OF THOSE CERTAIN PARCEL OF LAND AS DESCRIBED IN THE DEED TO THE CITY OF LIVERMORE RECORDED OCTOBER 16 1974 REEL 3796 OR IMAGE 249 ALAMEDA COUNTY RECORDS DESCRIBED AS FOLLOWS BEING A PORTION OF PARCEL 1 OF THE AFORESAID DEED Page 2 of 4 Grant Deed continued Date 07142010 COMMENCING AT THE NORTHWESTERN CORNER OF SAID PARCEL 1 THENCE NORTH 69 30 EAST ALONG THE NORTHWESTERN LINE OF SAID PARCEL 1 3000 FEET TO THE ACTUAL POINT OF BEGINNING THENCE CONTINUING ALONG SAID NORTHWESTERN LINE NORTH 69 30 EAST 11010 FEET TO THE NORTHEASTERN CORNER OF SAID PARCEL 1 THENCE SOUTH 20 30 EAST ALONG THE NORTHEASTERN LINE OF SAID PARCEL 1 128845 FEET TO THE SOUTHEASTERN CORNER OF SAID PARCEL 1 THENCE SOUTH 69 030 WEST ALONG THE SOUTHEASTERN LINE OF SAID PARCEL 1 12166 FEET THENCE NORTH 20 30 WEST 12653 FEET TO A POINT OF NON TANGENT CURVE TO THE RIGHT SAID CURVE HAVING A RADIAL BEARING OF SOUTH 43 52 EAST AND A RADIUS OF 3000 FEET THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22 39 52 1187 FEET TO THE POINT OF BEGINNING Page 3 of 4 Grant Deed continued Date 07142010 APN 0980290 011 01 and 0980290 00607 Dated 07142010 CRP Properties Inc a California corporation File No 0131617397ala DB 9NN C Z 1u C 1 Vic R6SpeNY STATE OF Ir1 ia SS COUNTY OF 5611lua i On j U U Public pers nally appeared Notary who proved to me on the basis of satisfactory evidence to be the persono whose name isFt subscribed to the within instrument and acknowledged to me that4shetWyexecutedthesameinIWhertKirauthorizedcapacityandthatby4herthprrsignature on the instrument the personPI or the entity upon behalf of which the person acted executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signatu 6 My Commission Expires l Notary Name R yam Johnso Notary Registration Number 17 5e KATHY 0 ro Commission N 17I9i7MOMMMMNotaryPubNcCoWarfoo Eon Joaquin County W W11 This area for official notarlal sea Notary Phone County of Principal Place of Business Asa yIA Page 4 of 4 A 9 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant Deed APN 098 0290 011 01 098 0290 0607 dated July 30 2010 from CRP Properties Inc to the Redevelopment Agency of the City of Livermore a body corporate and politic is hereby accepted by the undersigned City Clerk on behalf ofthe City of Livermore pursuant to authority conferred by Resolution No 1 65 ofthe City Council adopted on January 4 1965 and the grantee consents to the recordation thereof by its duly authorized officer DATED July 30 2010 Susan Neer City Clerk City of Livermore 1052 South Livermore Avenue Livermore CA 94550 IN THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A COOPERATION AGREEMENT WITH THE CITY OF LIVERMORE TO ACCEPT A LOAN NOT TO EXCEED 2800000 IN HOUSING TRUST FUNDS FUND 611 AND APPROPRIATION OF THOSE FUNDS FOR THE PURCHASE OF REAL PROPERTY AND THE RELOCATION BENEFITS OF EXISTING TENANTS LOCATED AT 1625 1635 CHESTNUT EXECUTION OF A PURCHASE AND SALE AGREEMENT IN THE AMOUNT 2500000 WITH CHASE BANK RELATED TO THE ACQUISITION OF PROPERTY LOCATED AT 16251635 CHESTNUT STREET PLUS ESCROW COSTS It is desirable for the Redevelopment Agency of the City of Livermore Agency to purchase the real property located at 16251635 Chestnut Street APN 098 0290 00607 APN 098 0290 011 01 from Chase Bank for the amount of 2500000 and to borrow Housing Trust Funds F611 in an amount not to exceed 2800000 from the City of Livermore for that purpose including the administrative and transactional costs associated with the purchase and relocation settlement for existing tenants NOW THEREFORE BE IT RESOLVED by the Redevelopment Agency of the City of Livermore that the Executive Director on behalf of the Redevelopment Agency is authorized to enter into a Cooperation Agreement with the City of Livermore to borrow an amount not to exceed 2800000 in Housing Trust Funds 17611 from the City and to appropriate those funds for the purchase of the 16251635 Chestnut Street property including transaction costs and all claims for relocation benefits and services associated with existing tenants BE IT FURTHER RESOLVED by the Redevelopment Agency of the City of Livermore that the Executive Director on behalf of the Redevelopment Agency is authorized to execute the Purchase and Sale Agreement with Chase Bank related to the acquisition of property located at 16251635 Chestnut Street in the amount of 2500000 and to sign all documents related to the purchase and relocation settlements of existing tenants On the motion of Vice Chair Horner seconded by Agencymember Leider the foregoing resolution was passed and adopted on the 14 day of June 2010 by the following vote AYES Agencymembers Leider Marchand Williams Vice Chair Horner Chairperson Kamena NOES None ABSENT None ABSTAIN None ATTEST SECRETARY SUSAN NEER APPROVED AS TO FORM ASSISTANT GENERAL COUNSEL JASON ALCALA DATE June 15 2010 RESOLUTION NO RA2010 06 IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A COOPERATION AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE TO LOAN THE AGENCY AN AMOUNT NOT TO EXCEED $2,800,OOO HOUSING TRUST FUNDS (FUND 611) FOR THE PURCHASE OF 1625 -1635 CHESTNUT STREET (APN 098 - 0290 - 006 -07 & APN 098 - 0290 - 011 -01), ESCROW COSTS AND RELOCATION COSTS ASSOCIATED WITH EXISTING TENANTS The Redevelopment Agency desires to borrow an amount not to exceed 2,800,000 from the City of Livermore for the purchase of the property located at 1625 -1635 Chestnut Street and relocation benefits and services associated with existing tenants, including but not limited to, actual moving expenses, potential loss of goodwill, and compensation for immovable furnishings, fixtures, and equipment, and associated costs incurred or to be incurred as a result thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that the City Manager is authorized on behalf of the City of Livermore to: 1. Appropriate $2,800,000 in Housing Trust funds (F611) to loan the Redevelopment Agency of the City of Livermore funds to cover costs associated with the acquisition of the property located at 1625 -1635 Chestnut Street. 2. Enter into a Cooperation and Repayment Agreement with the Redevelopment Agency to loan the Agency up to $2,800,000 for the purchase of 1625 -1635 Chestnut Street and associated relocation benefits and services for the existing tenants. BE IT FURTHER RESOLVED by the City Council of the City of Livermore that the City Manager is authorized to sign all documents as may be necessary to assist the Redevelopment Agency of the City of Livermore with the purchase of the property located at 1625 -1635 Chestnut Street. On the motion of Vice Mayor Horner, seconded by Councilmember Leider, the foregoing resolution was passed and adopted on the 14 day of June, 2010, by the following vote: AYES: Councilmembers Leider, Marchand, Williams, Vice Mayor Horner, Mayor Kamena NOES: None ABSENT: None ABSTAIN: None ATTEST & DATE: CITY CLERK SUSAN NEER APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY JASON ALCALA DATE: June 15, 2010 RESOLUTION NO. 2010 -104 Page 1 of 1 First American Title Company 6683 Owens Drive • Pleasanton, CA 94588 Buyer’s Final Settlement Statement Property: 1625 - 1635 Chestnut Street, Livermore, CA File No: 0131-617397ala Officer: Diane Burton/DB New Loan No: Settlement Date: 07/30/2010 Disbursement Date: 07/30/2010 Print Date: 7/30/2010, 3:59 PM Buyer: Redevelopment Agency City of Livermore Address: 1052 South Livermore Avenue, Livermore, CA 94550 Seller: CRP Properties, Inc. Address: Charge Description Buyer Charge Buyer Credit Consideration: Total Consideration 2,500,000.00 Deposits in Escrow: Receipt No. 2474103626 on 06/16/2010 by City of Livermore 50,000.00 Receipt No. 2474103783 on 07/29/2010 by Redevelopment Agency City of Livermore 2,450,429.00 Adjustments: Security Deposit Livermore School of Dance 2,800.00 Title/Escrow Charges to: ALTA Std Owner Policy 1402.06 (6-17-06) to First American Title Company 1,791.50 Escrow Fee - One Half to First American Title Company 1,437.50 Totals 2,503,229.00 2,503,229.00 You are Instructed to hold the Pro-Rated 2010-2011 Property Tax Estimate until you receive a re-apportioned Property Tax Bill from the Seller (or County directly) to be paid through escrow upon receipt. The Seller is responsible to pay any excess over the amount held in Escrow. Any excess funds held will be refunded to the Seller immediately. 241 North M Street (D & M Auto Machine Shop) APN: 098-0250-001-03 N. P S T N. O S T N. N S T N. M S T CHESTNUT ST EXHIBIT A.6 01YRECORDINGREQUESTEDBYFirstAmericanTitleCompanyANDWHENRECORDEDMAILDOCUMENTANDTAXSTATEMENTTOTheRedevelopmentAgencyoftheCityofLivermore1052SoLivermoreAvenueLivermoreCA94550Vr4Crya2@@818@81@@61@612@@8@83@ROFFICIALRECORDSOFALAI1EUACOSJNTYPATRICKOCONNELLCLISOpHRECORDINGFEE100nVVINI1VPlnilPnnlaVilaSpaceAboveThisLineforRecordersUseOnlyBuFileNo0131616529a1aDBFCzvCvrQ2jAPN098025000103GRANTDEEDTheUndersignedGrantorsDeclaresDOCUMENTARYTRANSFERTAXExemptRTCode11922GranteeisGovernmentalAgencyCITYTRANSFERTAX000SURVEYMONUMENTFEEcomputedontheconsiderationorfullvalueofpropertyconveyedORcomputedontheconsiderationorfullvaluelessvalueofliensandorencumbrancesremainingattimeofsaleunincorporatedareaxCityofLivermoreandFORAVALUABLECONSIDERATIONreceiptofwhichisherebyacknowledgedLivermoreChestnutAssociatesLLCaCalifornialimitedliabilitycompanyherebyGRANTStoTheRedevelopmentAgencyoftheCityofLivermoreabodycorporateandpoliticthefollowingdescribedpropertyintheCityofLivermoreCountyofAlamedaStateofCaliforniaLOTS9AND10BLOCK10ASSAIDLOTSANDBLOCKARESHOWNONTHEMAPOFTHENORTHERNADDITIONTOTHETOWNOFLIVERMOREFILEDSEPTEMBER301875INBOOK2OFMAPSPAGE51INTHEOFFICEOFTHECOUNTYRECORDEROFALAMEDACOUNTYThisconveyanceismadesubjecttopropertytaxesandassessmentsallmattersliensandencumbrancesofrecordandallmattersthatwouldberevealedbyaphysicalinspectionandorasurveyofthePropertyNMJUL032008EVLOPMEIVTMailTaxStatementsToSAMEASABOVE APN098025000103GrantDeedcontinuedFileNo0131616529a1aDBDate05302008Dated05302008LivermoreChestnutAssociatesLLCaCalifornialimitedliabilitycompanyByArroyoCrossingIncaCaliforniacorporationitsManagingMemberByCarynKVicePresidentSTATEOFt1y11COUNTYOFtiqVlCl7OnLlvGG5PublicpersonallyappearedSSbeforemeri11CVCNotarywhoprovedtomeonthebasisofsatisfactoryevidencetobethepersonswhosenameisaresubscribedtothewithininstrumentandacknowledgedtomethatheshetheyexecutedthesameinhisherterauthorizedcapacityiandthatbyhertesignatureontheinstrumentthepersonsaortheentityuponbehalfofwhichtheperson9actedexecutedtheinstrumentIcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrectWITNESSmyhandandofficialsealSignatureMymmissionExpiresaIIJENNIFERANDRENCOMM1714751nNOTARYPUBLNCALIFORNIANANMATEOCOUNTYMYCOMMExrFEd22011ThisareaforohicialnotarialsealNotaryNamenr11CiCNotaryPhone73C0NotaryRegistrationNumberI15CountyofPrincipalPlaceofBusinessYV1cLvPage2of2 rCERTIFICATEOFACCEPTANCEThisistocertifythattheinterestinrealpropertyconveyedbytheCrrantDeedAPN098025000103datedywQt0fromLivermoreChestnutAssociatesLLCaCalifornialimitedliabilitycompanyastoParcel1andtheLivermoreRedevelopmentAgencyoftheCityofLivermoreabodycorporateandpoliticastoParcel2totheCityofLivermoreabodycorporateandpoliticisherebyacceptedbytheundersignedCityClerkonbehalfoftheCityofLivermorepursuanttoauthorityconferredbyResolutionNo165oftheCityCounciladoptedonJanuary41965andthegranteeconsentstotherecordationthereofbyitsdulyauthorizedofficerDATED1111V3Z8fAi11aAliceCalvertCityClerkCityofLivermore1052SouthLivermoreAvenueLivermoreCA94550CbSaoo IN THE CITY COUNCIL OF THE CITY OF LIVERMORE STATE OF CALIFORNIA A RESOLUTION AUTHORIZING ENTERING INTO A COOPERATION AGREEMENT WITH THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE TO LOAN THE AGENCY $400,000 IN HELP FUNDS FUND 629) FOR THE PURCHASE OF 241 NORTH M STREET (APN 098-0250-001-03), ESCROW COSTS, OPERATING COSTS AND RELOCATION COSTS; AND AMENDING THE LOW-INCOME HOUSING AGREEMENT BETWEEN THE CITY OF LIVERMORE AND THE O'BRIEN GROUP. In 2006, the O'Brien Group (Developer) entered into aLow-Income Housing Agreement (LIRA) for the Arroyo Crossing Development with the City of Livermore. The Developer now desires to amend the Low-Income Housing Agreement to modify the terms of Section 1.a of the Original Low-Income Housing Agreement. The Developer further desires to sell the property located at 241 North M Street to the Redevelopment Agency of the City of Livermore. The Agency desires to borrow $400,000 from the City to cover costs associated with the acquisition of the property located at 241 North M Street. BE IT RESOLVED by the Livermore City Council that the City Manager is authorized on behalf of the City of Livermore to: 1. Sign the Amendment to Low-Income Housing Agreement between the City of Livermore and O'Brien Group for the Arroyo Crossing development to allow a one year extension for the delivery of the Chestnut Avenue property to the city; 2. Appropriate $400,000 in Housing Enabled through Local Partnerships HELP) funds for acquisition, escrow fees, legal fees, carrying costs, property maintenance and management, and operating expenses associated with the purchase and incurred or to be incurred as a result thereof; and, 3. Enter into a Cooperation Agreement with the Redevelopment Agency to loan the Agency $400,000 to purchase 241 North M Street. BE IT FURTHER RESOLVED by the Livermore City Council that the City Manager is authorized to sign all documents as may be necessary to assist the Redevelopment Agency of the City of Livermore to purchase the property at 241 North M Street. 1 RESOLUTION NO. 2008-105 CHESTNUT ST 242 North N Street (former DMV site) APN: 098-0250-002-04 EXHIBIT A.7 N. N S T N. M S T N. O S T N. P S T PARK ST CHESTNUT ST IPLEASEPLACERECORDERLABELBELOWTHISLINErRECORDINGREQUESTEDBYANDWHENRECORDEDMAILTOCITYCLERKCITYOFLIVERMORE1052SLIVERMOREAVENUELIVERMORECA9455048992007053040020520071029AMOFFICIALRECORDSOFALAMEDACOUNTYPATRICKOCONNELLRECORDINGFEE000NoFeeforrecordingpursuanttoGovernmentCodeSection27383IIIIIUIIIIIIIIItITHISSPACEFORRECORDERSUSEONLYLOG06413RerecordtocorrectCertificateofAcceptanceandtoaddSignatureAcknowledgmentPreviouslyrecordedNovember112006Series2006408924TITLEOFDOCUMENTCityClerksOfficeFEB272007Citv01LivermoreTHISPAGEADDEDTOPROVIDEADEQUATESPACEFORRECORDINGINFORMATIONGovtCode273616Additionalrecordingfeeapplies RoORDINGREQUEStEDBYChicagoTitleCompanyEscrowNo0638600968LBLocateNoCACTI7701770723860059009622TitleNo06S9009622SCWhenRecordedMailDocumentandTaxStatementToTheRedevelopmentAgencyoftheCityofLivermore1052SouthLivermoreAvenueLivermoreCA94550J1APNo98otSb0020qJ2006408924110120060213PMOFFICIALRECORDSOFALAMEDACOUNTYPATRICKOCONNELLRECORDINGFEE1700olPGSftOiIGRANTDEEDSPACEABOVETHISLINEFqiifCORDERSUSETheundersignedgrantorsdeclaresDocumentarytransfertaxiscomputedonfullvalueofpropertyconveyedorcomputedonfullvaluelessvalueofliensorencumbrancesremainingattimeofsaleUnincorporatedAreaCityofUvermoreFORAVALUABLECONSIDERATIONreceiptofwhichisherebyacknowledgedLivermoreChestnutAssociatesLLCaCalifornialimitedliabilitycompanyherebyGRANTStoTheRedevelopmentAgencyoftheCityofLivermoreabodycorporateandpoliticthefollowingdescribec1realpropertyintheCityofLivermoreCountyofAlamedaStateofCaliforniaSEEEXHIBITAATTACHEDHERETOANDMADEAPARTHEREOFDATEDOctober252006hereinsenameanatitleofteofficerpersonallyappearedLQrllAILKalfpersonallyknowntomeorprovedtomeonthebasisofsatisfactoryevidencetobethepersontwhosenameCisaf@subscribedtothewithininstrumentandacknowledgedtomethatflesheexecutedthesameinAisherMrauthorizedcapacityandthatbyRieIhertlliJrsignatureontheinstrumentthepersongortheentityuponbehal1ofwhichthepersonactedexecutedtheinstrumentWitnessmyhancfmdofficialsealSignatureJIlSealLivermoreChestnutAssociatesLLCaCalifornialimitedliabilitycompanyBYArroyoCrossingIncACaliforniacorporationBYVCarynKaliViPresidentIIFRANCESGOULD@CommissIonII1586477jNotoryPublicCalifomlaSanMateoCountyMyCommExpiresJun10FD213Rev796grant0606MAllTAXSTATEMENTSASDIRECTEDABOVEGRANTDEEDCT1WCCJOfCP1WddLg ILLEGIBLENOTARYSEALDECLARATIONGOVERNMENTCODE273617IdeclareunderpenaltyofperjurythatthenotarysealonthedocumenttowhichthisstatementisattachedreadsasfollowsNAMEOFNOTARYPUBLICFrancesGouldCOMMISSIONNUMBER1586477NOTARYPUBLICSTATECALIFORNIACOUNTYSanMateoMYCOMMEXPIRESJun102009SIGNATUREOFDECLARANTATEPRINTNAMEOFDECLARANTAnaGonzalezCITYSTATEOFEXECUTIONWalnutCreekCaliforniaDATESIGNED103106THEABOVEINFORMATIONMUSTBELEGIBLEFORSCANNING EscrowNo0638600968LBLocateNoCACTI77017707238600S9009622TitleNo06S9009622SCEXHIBITATHELANDREFERREDTOHEREINBELOWISSITUATEDINTHECITYOFLIVERMORECOUNTYOFALAMEDASTATEOFCALIFORNIAANDISDESCRIBEDASFOLLOWSBeingaportionofthatcertainrealpropertyasdescribedinthatcertainDeedtoMarioRPedrozzinowdeceasedfromMargaretVHarmsalsoknownasMargaretVBeckandChesterMalconBckalsoknownasChesterMalcolmBeckandasMalcolmBeckrecordedFebruary201951inBook6363atPage479DocumentAF14426OfficialRecordsOfficeoftheRecorderAlamedaCountyStateofCaliforniaalsobeingaportionofLots3and4Block10ofthatcertainmapentitledMapoftheNorthernAdditiontotheTownofLivermorefiledandrecordedSeptember201875inMapBook2atPage51OfficialRecordsOfficeoftheRecorderAlamedaCountyStateofCaliforniabeingmoreparticularlydescribedasfollowsCommencingatthenorthwesterlycornerofsaidBlock102Maps51beingthenorthwesterlycornerofLot1ofsaidBlock102Maps51alsobeingattheintersectionofthesoutheasterlyrightofwaylineofChestnutStreet80feetwideandthenortheasterlyrightofwaylineofNorthNStreet80feetwidethencealongthenortheasterlyrightofwaylineofsaidnorthNStreet80feetwidesouth20030DOeast11970feettothepointofbeginningofthehereindescribedrealpropertythencecontinuingalongsaidnortheasterlyrightofwaylineofNorthNStreet80feetwidesouth2003000east8030feettothesouthwesterlycornerofsaidLot4Block102Maps51thencealongthesoutheasterlylineofsaidLot4Block102Maps51north69030DOeast15000feettothesoutheasterlycornerofsaidLot4Block102Maps51thencealongthenortheasterlylineofsaidLot4Block102Maps5north2003DDOwestpassingat5000feetbeingthesoutheasterlycornerofsaidLot3Block102Maps5continuingalongthenortheasterlylineofsaidLot3Block102Maps51foratotaldistanceof10000feettothenortheasterlycornerofsaidLot3thencealongthenorthwesterlylineofsaidLot3Block102Maps51south6903000west4500feetthencethroughtheinteriorofsaidLot3Block102Maps51thefollowingtwo2coursesSouth2003D00east1970feetsouth6903000west10500feettothepointofbeginningAssessorsParcelNo098025000204 CERTIFICATEOFACCEPTANCEThisistocertifythattheinterestinrealpropertyconveyedbytheGrantDeeddatedOctober252006fromLivermoreChestnutAssociatesLLCAPN098025000204totheRedevelopmentAgencyoftheCityofLivermoreisherebyacceptedbytheundersignedSecretaryonbehalfoftheRedevelopmentAgencyoftheCityofLivermorepursuanttoauthorityconferredbyResolutionNoRA389oftheRedevelopmentAgencyoftheCityofLivermoreadoptedonJanuary231989andthegranteeconsentstotherecordationthereofbyitsdulyauthorizedofficerDatedFebruary12007AliceCalvertSecretaryRedevelopmentAgencyoftheCityofLivermore1052SouthLivermoreAvenueLivermoreCA94550 ccSTATEOFCALIFORNIASSCOUNTYOFALAMEDAQnFeIOObeforemeSUSANGIBBSASSISTANTCITYCLERKpersonallyappearedjLGrCITYOFLIVERMOREpersonallyknowntomeorprovedtomeonthebasisofsatisfactoryeVidencetobethepersonswhosenamesisaresubscribedtothewithininstrumentandaclmowledgedtomethatheshetheyexecutedthesameinhislhertheirauthorizedcapacityiesandthatbyhislhertheirslgnaturesontheinstrumentthepersonsortheentityuponbehalfofwhichthepersonsactedexecutedthemstrumentSignatureOuofLlWlTNESSmyhandandofficialsealThisareaforofficialCityseal EXHIBIT A.8 FIRST ST SECOND ST S. K S T THIRD ST FOURTH ST S . L I V E R M O R E A V E 318 South Livermore Avenue #112 Savannah Terrace (Affordable housing unit for persons with disabilities ) APN: 097-0108-018-00 IN THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AND SALE AGREEMENT IN THE AMOUNT $145,275 WITH NATHAN WESTPHAL RELATED TO THE SALE OF PROPERTY LOCATED AT 318 S. LIVERMORE AVENUE, UNIT #112 On December 31, 2008, the Redevelopment Agency of the City of Livermore ( "Agency ") acquired the 505 sq. foot single family residence and the real property associated therewith located at 318 S. Livermore Avenue, Unit #112 (APN 097 - 0108 -018) ( "Unit "), developed by DHE Homes. As part of the development agreement, this unit was designated as a below market unit to be sold to a low- income purchaser; however, the Agency chose to purchase the unit as part of the residential rental program until conditions changed to facilitate sale of the unit to an eligible buyer. Conditions have now changed and it is desirable for the Agency to sell the Unit to an eligible buyer, Nathan Westphal, for the affordable sales price of $145,275 consistent with the guidelines of the Savannah Terrace Below- Market Housing Program and to provide mortgage financing to the buyer to facilitate the sale of the property. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Livermore that the Executive Director, on behalf of the Redevelopment Agency, is authorized to enter into a Purchase and Sale Agreement with Nathan Westphal, an eligible buyer, to sell the property located at 318 S. Livermore Avenue, Unit #112, for $145,275 consistent with the Savannah Terrace. Below Market Housing Program guidelines, and to extend mortgage financing to the buyer. BE IT FURTHER RESOLVED by the Redevelopment Agency of the City of Livermore that the Executive Director on behalf of the Redevelopment Agency is authorized to execute all documents related to the sale of property located at 318 S. Livermore Avenue, Unit #112. On the motion of Agencymember Williams, seconded by Agencymember Horner, the foregoing resolution was passed and adopted on the 13 day of December, 2010, by the following vote: AYES: Agencymembers Horner, Williams, Vice Chair Marchand, Chairperson Kamena NOES: None ABSENT: Agencymember Leider ABSTAIN: None ATTEST & DATE: AGENCY SECRETARY SUSAN NEER DATE °December 16, 2010 APPROVED AS TO FORM: AdENCY GENERAL COUNSEL AMARA MORRISON RESOLUTION NO. RA- 2010 -20 IN THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE STATE OF CALIFORNIA A RESOLUTION AUTHORIZING APPROPRIATION OF $500,000 OF HOUSING SET-ASIDE FUNDS (F581) TO FUND MORTGAGE ASSISTANCE PROGRAMS AND PURCHASE 318 SOUTH LIVERMORE AVENUE, UNIT 112, TO PROVIDE AFFORDABLE HOUSING OPPORTUNITIES FOR DEVELOPMENTALLY DISABLED HOUSEHOLDS On July 12, 1982, by Ordinance No. 1114, the City Council of the City of Livermore adopted the redevelopment plan ("Redevelopment Plan") for the Livermore Redevelopment Project Area ("The Original Project Area"); and Under section 33334.2(a) of the California Community Redevelopment Law (Health and Safety Code section 33000 et seq.), not less than 20% of all taxes allocated to the Livermore Redevelopment Agency ("Agency") must be set aside by the Agency in a Housing Reserve Fund and used to increase, improve or preserve the community's supply of low and moderate income housing available at affordable housing costs to people and families of low and moderate income, and The Agency desires to provide affordable housing opportunities for low-income persons with developmental disabilities, while current housing market conditions have caused credit institutions to tighten lending requirements on buyers, as well as properties, making it increasingly difficult to obtain first mortgage loans without Agency assistance. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Livermore hereby authorizes appropriating $500,000 of Housing Set-aside funds (F581) to fund mortgage assistance programs for low and moderate-income households, purchase 318 South Livermore Avenue, Unit 112, as well as operating-expenses (insurance, property maintenance, property management and associated fees), to provide affordable housing opportunities for persons with developmental disabilities, and authorize the Executive Director to sign all necessary documents. On the motion of Agencymember Horner, seconded by Agencymember Leider, the foregoing resolution was passed and adopted on the 24th day of November, 2008, by the following vote: AYES: Agencymembers Horner, Leider, Williams, Vice Chair Marchand, Chairperson Kamena NOES: None ABSENT: None ABSTAIN: None ATTEST: G~~~~~~~--~ INTERIMYSECRETARY SUSAN GISBS APPROVED AS TO FORM: ASSISTANT GENERAL COUNSEL JASON ALCALA DATE: Ncvember 25, 2008 RESOLUTION NO. RA-2008-21 62-90 South L Street APN: 097-0001-026-01 EXHIBIT B.1 S . L I V E R M O R E A V E S. L S T FIRST ST SECOND ST 5bF411z4200732164009052007083R1ocOFFICIAL12ECORUSOFALAMEDACOUNTYRECORDINGREQUESTEDBYgPARECORDINGOFEEiLreFirstAmericanTitleCompanyCllFppNANDWHENRECORDEDMAILTOiIIilliitiRedevelopmentAgencyCityofLivermoreiIarcsfIIICIClerkGHallutYtY1052SouthLivermoreAvenueccsLivermoreCA94550YSpaceAboveThisLineforRecordersUseOnlyAPN097000102601FileNo0131614592a1aDBGRANTDEEDTheUndersignedGrantorsDeclaresDOCUMENTARYTRANSFERTAXExemptCITYTRANSFERTAX000SURVEYMONUMENTFEEtSHGcomputedontheconsiderationorfullvalueofpropertyconveyedORcomputedontheconsiderationorfullvaluelessvalueofliensandorencumbrancesremainingattimeofsaleunincorporatedareaxCityofLivermoreandXExemptRT11922GovernmentagencyacquiringtitleFORAVALUABLECONSIDERATIONreceiptofwhichisherebyacknowledgedThomasJMartinTrusteeofTheMartinFamilyTrustherebyGRANTStoTheRedevelopmentAgencyoftheCityofLivermoreapublicbodycorporateandpoliticthefollowingdescribedpropertyintheCityofLivermoreCountyofAlamedaStateofCaliforniaPARCELONEPARCELBPARCELMAP1548FILEDOCTOBER311974MAPBOOK84PAGE63ALAMEDACOUNTYRECORDSPARCELTWOTHERIGHTSRESERVEDINTHEDEEDFROMKENTUCKYFRIEDCHICKENSOUTHBAYINCTOELLSWORTHREIDENMULLERETUXRECORDEDSEPTEMBER201974SERIESNO123082REEL3779ORIMAGE370ASFOLLOWSTHEGRANTOROWNSTHEADJACENT38FEETBORDERINGTHESOUTHERLYPORTIONOFTHEABOVEDESCRIBEDPROPERTYANDHEREBYRESERVESTHERIGHTOFINGRESSANDEGRESSFORPEDESTRIANSANDVEHICLESOVERTHEEXISTINGDRIVEWAYSANDALSORETAINSTHERIGHTOFCOMMONPARKINGONTHEABOVEDESCRIBEDPROPERTYDated08282007t2004irMailTaxStatementsToSAMEASABOVE APN097000102601GrantDeedcontinuedFileNo0131614592a1aDBDate08282007ThomasJMartinTrusteeofTheMartinFamilTustasRestatedJe92006ThomasJMartiTrusteSTATEOFfaSSCOUNTYOFvnYLSIOnCllVtZZS2YJbeforemeNotaryNIrICpersonaltyappeareaCpersonallyknowntomeprnyPrltmPonthebasisofsatisfactoryvirlantobethepersonwhosenamesresubscribedtothewithininstrumentandacknowledgedtomethat5hyexecutedthesameinertieirauthorizedcapacityiesandatbyeyFieirsignatureontheinstrumentthepersonsortheentityuponbehalfofwhichthepersonactedexecutedtheinstrumentWITNESSmyhandandofficialsealSignatureMyCommissionExpiresNotaryNamelQiIt11ZZYLCNotaryRegistrationNumber1EDIEMLAZZERONICommission1491648aNotaryPublicCalitomlaTuolumneCountyMyCommExpiresMay252008ThisareaforofficialnotariasealNotaryPhoneciIta7iCountyofPrincipalPlaceofBusinessml11L1Page2of2 CERTIFICATEOFACCEPTANCEThisistocertifythattheinterestinrealpropertyconveyedbytheGrantDeeddatedAugustZ2007fromThomasJMartinTrusteeTheMartinFamilyTrustDatedOctober161985APN097000102601totheRedevelopmentAgencyoftheCityofLivermoreisherebyacceptedbytheundersignedSecretaryonbehalfoftheRedevelopmentAgencyoftheCityofLivermorepursuanttoauthorityconferredbyResolutionNoRA389oftheRedevelopmentAgencyoftheCityofLivermoreadoptedonJanuary231989andthegranteeconsentstotherecordationthereofbyitsdulyauthorizedofficerDatedAugustZS2007AliceCalvertSecretaryRedevelopmentAgencyoftheCityofLivermore1052SouthLivermoreAvenueLivermoreCA94550 50 South L Street (former KFC site) APN: 097-0001-026-02 EXHIBIT B.2 S . L I V E R M O R E A V E S. L S T FIRST ST SECOND ST 4vOfqaa2007318535083120070830A1RECORDINGREQUESTEDBYOFFICIALRECORDSaFALAMEDAcouNrYFirstAmericanTitleCompanyPATRICIocoNNELLctlFOpNRECORDINGFEE1400ANDWHENRECORDEDMAILTOIiRedevelopmentAgencyCityofLivermorecoiGj1052SouthLivermoreIPGsIAvenueLivermoreCA94550uczSpaceAboveThisLineforRecoMersUseOnlyARN097000102602FileNo0131614593a1aDBGRANTDEEDTheUndersignedGrantorsDeclaresDOCUMENTARYTRANSFERTAXExemptCTfYTRANSFERTAX000Tl7SURVEYMONUMENTFEErcomputedontheconsiderationorfullvalueofpropertyconveyedORtOrrrcomputedontheconsiderationorfullvaluelessvalueofliensandorencumbrancesremainingattimeofsale2p0unincorporatedareaxCityofLivermoreandoFORAVALUABLECONSIDERATIONreceiptofwhichisherebyacknowledgedWilliamCEidenmullerIIIxayandGeraldREidenmullerasTrusteesofthetestamentarytrustsestablishedundertheWillofayEllsworthREidenmullerdeceasedalsoknownasEllsworthREidenmullerProbateNo239214superiorCourtofCaliforniaCountyandCityofSanFranciscoandWilliamCEidenmullerIIIandGeraldREidenmullerasSuccessorTrusteesoftheVirginiaEidenmullerTrustdatedOctober241990herebyGRANTStoTheRedevelopmentAgencyoftheCityofLivermoreapublicbodycorporateandpoliticthefollowingdescribedpropertyintheCityofLivermoreCountyofAlamedaStateofCaliforniaPARCELAPARCELMAP1548FILEDOCTOBER311974MAPBOOK84PAGE63ALAMEDACOUNTYRECORDSDated08242007WilliamCEidenmullerIIIandGeraldREidenmullerasTrusteesofthetestamentarytrustsestablishedundertheWillofEllsworthREidenmullerdeceasedalsoknownasEllsworthREidenmullerProbateNo239214SuperiorCourtofCaliforniaCountyandCityofSanFranciscoWilliamCEidenmullerIIITrusteeWilliamCEidenmullerIIIandGeraldREidenmullerasSuccessorTrusteesoftheVirginiaEidenmullerTrustdatedOctober241990zGGWilliamCEidenmullerIIISuccessorTrusteeGeraldREidenmullerSuccessorTrusteeGeraldREidenmullerTrusteeMailTaxStatementsToSAMEASABOVE APW097000102602GrantDeedcontinuedFileNo0131614593a1aDBDate08242007STATEOF1SSCOUNTYOFOn17wAbeforemelfiNotaryblicpersonallyappearedmLLLIiI1C711k7rI1ALCQIpersonallyknowntomeorprovedtomeonthebasisofsatisfactoryevidencetobethepersonswhosenamesisaresubscribedtothewithininstrumentandacknowledgedtomethatheshetheyexecutedthesameinhishertheirauthorizedcapacityiesandthatbyhishertheirsignaturesontheinstrumentthepersonsortheentityuponbehalfofwhichthepersonsactedexecutedtheinstrumentWITNESSmyhandandofficialsealSignatureMyCommissionExpiresMOLESIANNOARMPUBLICCALIFORINAWMyCOMMSANFgAHgkpExvMar122010ThisareaforohicialnotarialsealNotaryNameNotaryPhoneNotaryRegistrationNumberCountyofPrincipalPlaceofBusinessPage2of2 CERTIFICATEOFACCEPTANCEThisistocertifythattheinterestinrealpropertyconveyedbytheGrantDeeddatedAugust2007fromtheWilliamCEidenmullerIIIandGeraldREidenmullerbotasTrusteesofTrustBestablishedundertheWillofEllsworthREidenmullerdecedentandassuccessortrusteesforVirginiaCEidenmullerasTrusteeoftheVirginiaEidenmullerTrustAPN097000102602totheRedevelopmentAgencyoftheCityofLivermoreisherebyacceptedbytheundersignedSecretaryonbehalfoftheRedevelopmentAgencyoftheCityofLivermorepursuanttoauthorityconferredbyResolutionNoRA389oftheRedevelopmentAgencyoftheCityofLivermoreadoptedonJanuary231989andthegranteeconsentstotherecordationthereofbyitsdulyauthorizedofficerDatedAugust2007AliceCalvertSecretaryRedevelopmentAgencyoftheCityofLivermore1052SouthLivermoreAvenueLivermoreCA94550 FIRST ST SECOND ST S . L I V E R M O R E S. L S T Vacant Parcel behind 2056-2068 First Street (former Corbett Parcel) APN: 097-0001-036-00 EXHIBIT B.3 (Property was originally acquired as a portion of 097-0001-021-00)    IN THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION AUTHORIZING THE APPROPRIATION OF TAX ALLOCATION BOND FUNDS IN AN AMOUNT NOT TO EXCEED $170,000; AUTHORIZING EXECUTION OF A PURCHASE AND SALE AGREEMENT WITH RICHARD K. CORBETT AND PAMELA K. CORBETT, AS TRUSTEES OF THE 2000 CORBETT FAMILY TRUST, IN THE AMOUNT OF $155,970 FOR THE ACQUISITION OF AN APPROXIMATELY 3,119 SQUARE FOOT PORTION OF PROPERTY AT THE REAR OF 2056 -2068 FIRST STREET; AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY TO EXECUTE ALL RELATED DOCUMENTS. It is desirable for the Redevelopment Agency of the City of Livermore (Agency) to: purchase an approximately 3,119 square foot portion of the real property located at 2056 -2068 First Street (APN 097 000102100) from Richard K. Corbett and Pamela K. Corbett, as trustees of the 2000 Corbett Family Trust, for $155,970; and to appropriate an amount of $170,000 of Tax Allocation Bond Funds (F583) for that purpose, including the administrative and transactional costs associated with the purchase. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Livermore that the Executive Director on behalf of the Redevelopment Agency is authorized to: Execute the Purchase and Sale Agreement with Richard K. Corbett and Pamela K. Corbett, as trustees of the 2000 Corbett Family Trust, for the approximately 3,119 square foot portion of property located at the rear of 2056 -2068 First Street, utilizing an appropriation of 170,000 of Tax Allocation Bond Funds (F583) to cover the purchase price and related expenses; and sign all related documents. On the motion of Agencymember Marchand, seconded by Vice Chair Horner, the foregoing resolution was passed and adopted on the 24 day of May, 2010, by the following vote: AYES: Agencymembers Marchand, Williams, Vice Chair Horner, Chairperson Kamena NOES: None ABSENT: Agencymember Leider ABSTAIN: None ATTEST: SECRETARY SUSAN NEER DATE: May 25, 2010 APPROVED AS TO FORM: ASSISTANT GENERAL COUNSEL JASON ALCALA RESOLUTION NO. RA- 2010 -04 2450 First Street (Bankhead Plaza and Walkway) APN: 098-0407-026-00 RAILROAD AVE S. L I V E R M O R E A V E EXHIBIT B.4 (Property was originally acquired as three separate parcels APN # 098-0287-001-05, APN # 098-0289-013-12 and APN # 097-0111-004-03)  IN THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF PROPERTY AND APPROPRIATION OF FUNDS Livermore Valley Center Project 2205 Railroad Avenue Assessor's Parcel No 098-0287-001-05 H. R. Hansen, Jr. as to a 33 1/3 % undivided interest, Sarah H. Rierson, as to a 33 1/3 % undivided interest, and Christian E. Ising, as to a 33 1/3 % undivided interest, all as tenants in common, formerly KIDDS-IV, $2,115,000) On June 19,2001, the Redevelopment Agency made a written offer to the owner, KIDDS-IV, of the property located at 2205 Railroad Avenue to purchase the property for the Livermore Valley Center Project. Since the June 19,2001 written offer, the owner of the subject property, KIDDS-IV, and the Redevelopment Agency have negotiated the terms of a Purchase and Sale Agreement, attached as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Livermore that: 1. The Purchase and Sale Agreement between the Redevelopment Agency of the City of Livermore, attached as Exhibit "A," and H. R. Hansen, Jr. as to a 33 1/3 % undivided interest, Sarah H. Rierson, as to a 33 1/3 % undivided interest, and Christian E. Ising, as to a 33 1/3 % undivided interest, all as tenants in common, formerly KIDDS-IV, owners of the subject property, is approved. 2. The Redevelopment Agency Executive Director is authorized to execute the Purchase and Sale Agreement on behalf of the Redevelopment Agency. 3. The appropriation of funds in the amount of$2,115,000 from the Redevelopment Agency's 2001 Tax Allocation Bond Fund is approved. RESOLUTION NO. 1 RA-2002-4 On motion of Agency Member Member Reitter APPROVED AS TO FORM: DEPUTY GENERA: COUNSEL Vargas seconded by Agency the foregoing Resolution was passed and adopted this 11 day of February 2002, by the following vote: AYES: AGENCYMEKBERS Beeman, Dietrich, Reitter, Vargas, Chairperson Kamena NOES: AGENCYMEMBERS None ABSENT:AGENCYMEKBERS None ATTEST: a¿a SECRETARY S:\AGENDA\Ol-28\Redev- KIDDS-IV.doc h1~1>{~ CHAIRPERSON, REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE RESOLUTION NO. 2 RA-2002-4 has made an offer to the owners of the leasehold interests to acquire the subject interests for just compensation; NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: 1. The public interest and necessity require the Project; 2. The Project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; 3. The property interests sought to be acquired are necessary for the project; 4. The offer required by section 7267.2 of the Government Code of the State of California has been made to the owners of the leasehold interests; 5. The Project herein is consistent with the land uses analyzed in the Final Environmental Impact Report on the Livermore Redevelopment Plan and the Urban Design Plan (certified by the City Council in August 1992), and the Addendum to the Final Environmental Impact Report on the Livermore Redevelopment Strategy and Urban Design Plan (certified by the City Council in September 1998). 6. The City Attorney of the City of Livermore or his duly authorized designee be, and he is hereby, authorized and directed to institute and conduct to conclusion an action in eminent domain for the acquisition of the estates and interests aforesaid and to take such action as he may deem advisable or necessary in connection therewith; 7. An order for prejudgment possession may be obtained in said action and a warrant issued to the State Treasury Condemnation Fund, in the amount RESOLUTION NO. RA-2002-1 3 determined by the Court to be do deposited, as a condition to the right of immediate possession. The foregoing Resolution was adopted at a regular meeting of the Redevelopment Agency of the City of Livermore held on the -1Lth day of January, 2002 by the following vote: APPROVED AS TO FORM G~ On motion of Agency Member Agency Member Vargas on this 14 day of vote: Kamena , seconded by the foregoing action was taken January ,2002, by the following AYES: AGENCYMEKBERS Beeman. Dietrich. Reitter. Vargas. Chairperson Kamena NOES: AGENCYMEKBERS None ABSENT: AGENCYMEMBERS None h1~tþ(~- CHAIRPERSON, REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE, CALIFORNIA ATTE'ST: ~ /2Zlfe¿ ¿ÆÚ~ SECRETARY S:\AGENDA\01-14\Redev-Ag-eminent domain.doc NS RESOLUTION NO. RA-2002- 1 4 Railroad Avenue (Behind Bankhead adjacent to Plaza Walkway) APN: 098-0407-030-02 S. L I V E R M O R E A V E RAILROAD AVE EXHIBIT B.5 (Property was APN: 098-0287-001-05 when originally acquired)  IN THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF PROPERTY AND APPROPRIATION OF FUNDS Livermore Valley Center Project 2205 Railroad Avenue Assessor's Parcel No 098-0287-001-05 H. R. Hansen, Jr. as to a 33 1/3 % undivided interest, Sarah H. Rierson, as to a 33 1/3 % undivided interest, and Christian E. Ising, as to a 33 1/3 % undivided interest, all as tenants in common, formerly KIDDS-IV, $2,115,000) On June 19,2001, the Redevelopment Agency made a written offer to the owner, KIDDS-IV, of the property located at 2205 Railroad Avenue to purchase the property for the Livermore Valley Center Project. Since the June 19,2001 written offer, the owner of the subject property, KIDDS-IV, and the Redevelopment Agency have negotiated the terms of a Purchase and Sale Agreement, attached as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of Livermore that: 1. The Purchase and Sale Agreement between the Redevelopment Agency of the City of Livermore, attached as Exhibit "A," and H. R. Hansen, Jr. as to a 33 1/3 % undivided interest, Sarah H. Rierson, as to a 33 1/3 % undivided interest, and Christian E. Ising, as to a 33 1/3 % undivided interest, all as tenants in common, formerly KIDDS-IV, owners of the subject property, is approved. 2. The Redevelopment Agency Executive Director is authorized to execute the Purchase and Sale Agreement on behalf of the Redevelopment Agency. 3. The appropriation of funds in the amount of$2,115,000 from the Redevelopment Agency's 2001 Tax Allocation Bond Fund is approved. RESOLUTION NO. 1 RA-2002-4 On motion of Agency Member Member Reitter APPROVED AS TO FORM: DEPUTY GENERA: COUNSEL Vargas seconded by Agency the foregoing Resolution was passed and adopted this 11 day of February 2002, by the following vote: AYES: AGENCYMEKBERS Beeman, Dietrich, Reitter, Vargas, Chairperson Kamena NOES: AGENCYMEMBERS None ABSENT:AGENCYMEKBERS None ATTEST: a¿a SECRETARY S:\AGENDA\Ol-28\Redev- KIDDS-IV.doc h1~1>{~ CHAIRPERSON, REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE RESOLUTION NO. 2 RA-2002-4 RAILROAD AVE N I S T 2350 - 2418 Railroad Avenue APN: 098-0260-018-03 098-0260-018-04 098-0260-017-02 FIRST S T R E E T RAILROAD AVE S. L I V E R M O R E A V E N I S T FIRST ST R E E T EXHIBIT B.6 (Property was APN 098-0260-018-02 at time acquired) IN THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE STATE OF CALIFORNIA A RESOLUTION AUTHORIZING SIGNING OF PURCHASE AND SALE AGREEMENT, GRANT DEED AND APPROPRIATION OF FUNDS Derrell C. Wardlaw - $446,000) BE IT RESOLVED by the Redevelopment Agency ofthe City ofLivermore that: 1. The Executive Director is authorized to execute on behalf ofthe Redevelopment Agency Purchase and Sale Agreement for the purchase of property located at 2330 Railroad Avenue, APN #098 - 0260 - 018 -02, between the Redevelopment Agency and Jerrell C. Wardlaw. 2. The Chairperson is authorized to execute on behalf of the Redevelopment Agency a Grant Deed for the purchase of property located at 2330 Railroad Avenue, APN #098- 0260- 018 -02, between the Redevelopment Agency and Jerrell C. Wardlaw. 3. The amount of $446,000 be appropriated from Agency 2001 Tax Allocation Bond Funds. Copies of the ofthe Purchase and Sale Agreement and Grant Deed are on file in the office ofthe City Clerk. APP OVED AS TO FORM EMOR ASSISTANT GENERAL COUNSEL On motion of Agency Member Reitter seconded by Agency Member Dietrich , the foregoing action was taken on this 7 day of October , 2002, by the following vote: AYES: AGENCYMEMBERS Beeman, Dietrich, Reitter, Vargas & Chairperson Kamena NOES: AGENCYMEMBERS None ABSENT: AGENCYMEMBERS None CHAIRPERSON, REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE, CALIFORNIA ATTEST: SECRETARY 10/7/02 RESOLUTION NO. R.A- 2002 -21 RECORDING REQUESTED BY Order No Escrow No 61 v Loan No WHEN RECORDED MAIL TO City Clerk City ofLivermore 1052 South Livermore Avenue Livermore CA 94550 405k2010315708 1012812010 11 35 AID OFFICIAL RECORDS OF A4AMEDA COUNTYPATRICKOCONNELL000RECORDINGFEE L 4 PGS MAIL TAX STATEMENTS TO The Undersigned grantors declares CITY TRANSFER TAX DOCUMENTARY TRANSFER TAX QC IId22 SURVEY MONUMENT FEE SAME AS ABOVE JComputed on the consideration or value or property conveyed OR Computed on the consideration or value less liens or encumbrances remaining a t time of sale APN 098 0260 01702 to 3 GRANT OF EASEMENT FOR A VALUABLE CONSIDERATION receipt of which is hereby acknowledged REDEVELOPMENT AGENCY of the City ofLivermore a public body corporate and politic hereby Grants to the LIVERMORE AMADOR VALLEY TRANSIT AUTHORITY a Joint Power Agreement the real property in the City of Livermore County of Alameda State ofCalifornia described as Utility Easement FOR LEGAL DESCRIPTION AND PLAT SEE EXHIBIT A AND EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF And subject to the following restrictions That there shall be no discrimination or segregation based upon race color creed religion sex marital status national origin or ancestry in the sale lease sublease transfer use occupancy tenure or enjoyment of the property in the project area Dated oykJl as101D State o California County o SS On described to the within in hishertheir signature the CHAIRMAN 200 before personally appeared who proved to me on the basis of satisfactory evidence to be the persons whose names isare cknowledged to me that heshethey executred the same in hishertheir authorized capacityies and that by ntity upon behalf ofwhick the persons acted executed the instrument I certify underPENAkTY OF PERJUIN WITNESS my hand and official seal note omit the seal on maps to be filed to Signature REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE 41 tlf MARSHALL KAMENA oR laws ofthe State of California that the forgoing paragraph is true and correct the map Print Name My Commission Number MyCommissionEzpires Principal County of Business City Clerks Office NOVI7 2010 City of Livermore a EXHIBIT A UTILITY EASEMENT LEGAL DESCRIPTION A UTILITY EASEMENT OVER A PORTION OF APN 098 026001702 AS DESCRIBED IN THE CERTIFICATE OF ACCEPTANCE CONVEYED BY GRANT DEED APN 0980260 01702 ALL DATED OCTOBER 22 2002 FROM THE COUNTY OF ALAMEDA TO THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE BY RESOLUTION NO RA389 OF THE REDEVELOPMENT AGENCY ADOPTED ON JANUARY 231989 ALSO KNOWN AS EXHIBIT A COUNTY OF ALAMEDA DESCRIPTION ALTAMONT PASS TRANSPORTATION CORRIDOR DOWNTOWN LIVERMORE RAIL STATION REAL PROPERTY TO BE CONVEYED TO THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE A BODY POLITIC THAT WAS PASSED AND ADOPTED BY A VOTE OF THE ALAMEDA COUNTY BOARD OF SUPERVISORS ON OCTOBER 22 2002 RECORDED FILE 17359 AGENDA 55 DOCUMENT R2003 176 DESCRIBED AS FOLLOWS BEGINNING AT THE EASTERLY MONUMENT IN RAILROAD AVE EAST OF THE MONUMENT AT THE INTERSECTION OF RAILROAD AVE AND MAPLE STREET A DISTANCE SOUTH 7000944 WEST 17183 FEET MEAS MONUMENT TO MONUMENT AS SHOWN ON THE PARCEL MAP 8548 RECORDED IN BOOK 282 PAGE 25 THENCE ALONG SAID MONUMENT LINE SOUTH 7000944 WEST 7000 FEET THENCE NORTH 1905048 WEST 5500 FEET TO THE NORTHERN LINE OF RAILROAD AVE THENCE ALONG SAID NORTHERN LINE SOUTH 70 WEST 6525 FEET THENCE SOUTH 70 WEST ALONG SAIDNORTHERN LINE 1940 FEET TO TRUE POINT OF BEGINNING THENCE CONTINUING ALONG SAID NORTHERN LINE SOUTH 70 WEST 1200 FEET THENCE NORTH 1905048 WEST 1350 FEET THENCE NORTH 700912 EAST 1200 FEET THENCE SOUTH 1905048 EAST 1350 FEET TO THE TRUE POINT OF BEGINNING CONTAINING AN AREA OF 162 SQ FT NORTH STREET ZJa EXHIBIT B UTILITY EASEMENT PLATTOACCOMPAN LEGAL DESCRIPTION SCALE 1 100 of n a acr M ry r wN NORTH I STREET z WALKWA Y NIri r a 3O m a 3 M N t 3840961S 71 c i o 0000 y PARCEL CO r OSE1 Z M O v 384OS61S IN rvI 0 z 44yH44 c c z f rl 0 j z141 9ddV r 13 f1 384456IS 000M z e 3840S6LS M IND m Lo y r IN U z m I y o A84OS6SN 0059 A I I yn ZJa EXHIBIT B UTILITY EASEMENT PLATTOACCOMPAN LEGAL DESCRIPTION SCALE 1 100 4 BY JMB n LIVERMORE CALIFORNIA 11 JOB NO 10040 M ry r wN NORTH I STREET z 60 NroE7 N COvU1 NIri I r 3O a I 191 S6 se N t 3840961S c i o 0000 y PARCELg 3 2384OS61S P 0000 PARCEL 2 dQ 44yH44 ply A840961N V 00 PIPS 0 PARCEL9ddV 13 384456IS z e OO m Lo y U m y o A84OS6SN 0059 D N yn a5 CIN 5 0yay X o Fy o x r ro y o c Q 0 PLS SURVEYS INC LAND 2220 Uvingston Street Suits 202 Oakland California 946065203 EXHIBIT B UTILITY EASEMENT PLATTOACCOMPAN LEGAL DESCRIPTION SCALE 1 100 DATE 080310 BY JMB 5102610900 FAX 5102613303 email plesurv0pacbellnet LIVERMORE CALIFORNIA 11 JOB NO 10040 P i STATE OF CALIFORNIA COUNTY OF ALAMEDA SS On October 25 2010 before me SUSAN NEER CITY CLERK personally appeared Marshall Kamena OD Chairman of the Redevelopment Agency of the City of Livermore who proved to me on the basis of satisfactory evidence to be the persons whose names isare subscribed to the within instrument and acknowledged to me that heshethey executed the same in hishertheir authorized capacityies and that by hishertheir signatures on the instrument the persons or the entity upon behalf of which the persons acted executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature Op IF d ASS RECCCIlGiEUEaTEBYnaFliAMERICANTITE969rrdnIihrbd4RecordingRequestedleyCountyofAlamedaPublicWorksAgencyRealEstateDivisionAndWhenRecordedMailToCityofLivermoreEconomicDevelopmentDepartment1052SLivermoreAvenueLivermoreCA945504899X0025873261216l200Z0830AMOFFICIALRECORDSOFRECORDINGFEE000ALAMEDACOUNTYPATRICKOCGNNELLiItiijllIiilifIIIIIIIIIIIgPGSDocumentaryTransferTaxExemptCountyofAlamedaiCityfLivermoreSpaceAboveThisLineForRecordersUseGRANTDEEDTheCOUNTYOFALAMEDAapoliticalsubdivisionoftheStateofCaliforniaGRANTORdoesherebyGRANTandCONVEYuntotheREDEVELOPMENTAGENCYOFTHECITYOFLIVERMOREabodypoliticGRANTEEallthatcertainrealpropertydesignatedasNo35701anddescribedinAlamedaCountyBoardofSupervisorsResolutionNoR2003176adoptedOctober2220022acertifiedcopyofwhichisattachedheretoandisaparthereofandunderthetermsandconditionsthereinsetforthINWITNESSWHEREOFthisdocumentisdulyexecutedpursuanttosaidresolutionDatedOctober222002COUNTYOFALAMEDAByScottHaggeyPreieTheBoardofSupervisorsNo35701MapJ471 STATEOFCALIFORNIAssCOUNTYOFALAMEDAOnthis22nddayofOctober2002beforemeCrystalKHishidaClerkoftheBoardofSupervisorsoftheCountyofAlamedaStateofCaliforniapersonallyappearedScottHaggertyknowntomeorprovedtomeonthebasisofsatisfactoryevidencetobethepersonwhosenameissubscribedtothewithininstrumentandheacknowledgedtomethatheexecutedthesameinhisauthorizedcapacityandthatbyhissignatureontheinstrumentthepersonortheentityuponbehalfofwhichthepersonactedexecutedtheinstrumentINWITNESSWHEREOFIhavehereuntosetmyhandthedayandyearinthiscertificatefirstabovewrittenCRTALKIIISHIDAClerkTheBoardofSupervisorsoftheCountyofAlamedaStateofCalifornia pprodastoFormRICHrARDEIECountyCounselByDeputyTHEBOARDOFSUPERVISORSOFTHECOUNTYOFALAMEDSTATEOFCALIFORNIARESOLUTIONNUMBERR2003176FINDACOUNTYOWNEDREALPROPERTYTOBESURPLUSANDAUTHORIZEANDAPPROVETHESALEOFSAIDPROPERTYTOTHEREDEVELOPMENTAGENCYOFTHECITYOFLIVERMOREFOR87300000EXECUTEGRANTDEEDSETTERMSANDCONDITIONSOFSALEDEPOSITPROCEEDSFROMSALEWHEREAStheCountyofAlamedaapoliticalsubdivisionoftheStateofCaliforniaisthefeesimpleownerofthatcertainrealpropertylocatedat2418RailroadAvenueintheCityofLivermoresaidparcelofrealpropertybeingmoreparticularlydesignatedanddescribedasFORDESCRIPTIONSEEEXHIBITAATTACHEDHERETOANDMADEAPARTHEREOFNo35701ANDWHEREASsaidrealpropertywasacquiredbytheCountyofAlamedathroughitsRoadfundforitspresentuseasaparkinglotthatservestheAltamontCommuterExpressACEdowntownLivermoretrainstationandWHEREAStheRedevelopmentAgencyoftheCityofLivermoreaspartofitsdowntownLivermoreredevelopmentprojectwillbebuildingaparkingstructureontheaforesaidrealpropertythatwillserveboththeACEtrainstationandotherdevelopmentsinthesurroundingareatherebymakingtherealpropertydescribedinExhibitAnolongerrequiredbytheCountyforhighwayusesandWHEREAStheRedevelopmentAgencyoftheCityofLivermorehasofferedtopurchasesaidrealpropertyforthesumofEightHundredSeventyThreeThousandand00100Dollars87300000whichisthefairmarketvaluethereofNOWTHEREFOREBEITRESOLVEDthatthisBoarddoesanditherebyfindsanddeterminesthattherealpropertydescribedinExhibitAisnolongerrequiredforhighwaypurposesandisnotsuitableforanonmotorizedtransportationfacilityandBEITFURTHERRESOLVEDthatthePresidentofthisBoardofSupervisorsbeandheisherebyauthorizedtoexecuteaGrantDeedonbehalfoftheCountyofAlamedaapoliticalsubdivisionoftheStateofCaliforniaGRANTORconveyingtheparcelofrealpropertydescribedinExhibitAtotheRedevelopmentAgencyoftheCityofLivermoreabodypoliticGRANTEEand BEITFURTHERRESOLVEDthatsaidGrantDeedshallbeexecutedunderthefollowingtermsandconditionstowit1Thepurchasepriceis873000002GRANTORshallpaynofeeschargesortransfertaxesofanykindinconnectionwiththesaleofsaidrealproperty3ThepropertyissoldasisANDBEITFURTHERRESOLVEDthatuponexecutionsaidGrantDeedshallbeforwardedtotheDirectorofPublicWorkstobedeliveredtotheGRANTEEuponreceiptfromGRANTEEofthepurchasepriceandBEITFURTHERRESOLVEDthatGRANTEESacceptanceoftheGrantDeedhereinbeforeauthorizedshallconstituteacceptanceofthetermsandconditionshereinabovesetforthandBEITFURTHERRESOLVEDthattheproceedsfromsaidsaleshallbedepositedinCountyofAlamedaFund21200ORG270401RoadDepartmentAccount470110SaleofLandProgram00000AltamontPassTransportationComdorNo35701MapJ471 EXHIBITACOUNTYOFALAMEDADESCRIPTIONALTAMONTPASSTRANSPORTATIONCORRIDORDowntownLivermoreRailStationRealPropertytobeconvevedtotheRedevelopmentAgencyoftheCityofLivermoreabodespoliticMapJ471APN098026001702AllNo35701July181997AllthatcertainrealpropertysituatedintheCityofLivermoreCountyofAlamedaStateofCaliforniadescribedasfollowsParcel1BeginningatapointonthedirectextensionnortheasterlyofthesoutheasternlineofOakStreetdistantthereonNorth6938EastonehundredandsixtyfeetfromtheintersectionthereofwiththenortheasternlineofNorthIformerlyIStreetassaidstreetsareshownonitiemapentitledNlapoftheNorthernAdditiontothetownofLivermorefiledSeptember201875inBook2ofMapsatpage51intheOfficeoftheCountyRecorderofAlamedaCountythebearingofsaidlineofOakStreetbeingtakenasNorth6938EastforthepurposeofmakingthisdescriptionrunningthenceITOrth6938EastalongsaidlineofOakStreetextendedonehundredseventeenand62100feetthenceleavingsaidlineofOakStreetSouth3316Eastfortynineand09100feettothemostwesterncornerofthelandconveyedbytheRomanCatholicArchbishopofSanFranciscototheTownofLivermorebydeeddatedJune111930andrecordedinBook2395ofOfficialRecordsofAlamedaCountyatpage276thenceSouth4602EastalongthesouthwesternlineofsaidlandconveyedtotheTownofLivermoreonehundredthirteenand33100feettoalinedrawnparallelwithsaidsoutheasternlineofOakstreetextendedanddistantatrightanglesonehundredfiftyfeetsoutheasterlytherefrom No35701Page2thenceSouth6938Westalongsaidparallellineninetysevenand67100feettoalinedrawnparallelwithsaidnortheasternlineofNorthIStreetanddistantatrightanglestwohundredandfortyfeetnortheasterlytherefromathenceSouth2022EastalongthelastdrawnlineonehundredandfiftyfeettoapointonthenorthwesternlineofRailroadAvenueassaidAvenuenowexistsdistancethereonNorth6938EasttwohundredandfortyfeetfromtheintersectionthereofwithsaidnortheasternlineofNorthIStreetthenceSouth6938WestalongsaidnorthwesternlineofRailroadAvenueeightyfeetthenceleavingsaidlineofRailroadAvenueNorth2222WestthreehundredfeettothePointofBeginningPARCEL2PortionofPlotDassaidplotisshownontheMapoftheEstateofASLaddetcfiledOctober311882inBook244ofDeedsatpage124AlamedaCountyRecordsdescribedasfollowsBeginningatapointonthenorthwesternlineofRailroadAvenuedistantthereon80feetnortheasterlyfromthenortheasternlineofNorthIStreetrunningthencealongsaidlineofRailroadAvenuenortheasterly40feetthenceatrightanglesnorthwesterly300feetmoreorlesstothesoutheasternlineoftheRightofWayoftheWesternPacificRailwayCompanythenceatrightanglessouthwesterlyalongthelastnamedline40feet No35701Page3andthenceatrightanglessoutheasterly300feetmoreorlesstothePointofBeginningPARCEL3PortionofPlotDassaidplotisshownontheMapoftheEstateofASLaddetcfiledOctober311882inBook244ofDeedsatpage124intheOfficeoftheCountyRecorderofAlamedaCountydescribedasfollowsBeginningatapointonthenorthwesternlineofRailroadAvenuedistantthereon120feetnortheasterlyfromthenortheasternlineofNorthIStreetrunningthencealongsaidlineofRailroadAvenuenortheasterly40feetthenceatrightanglesnorthwesterly300feetmoreorlesstothesoutheasternlineoftheRightofWayoftheWesternPacificRailwayCompanythenceatrightanglessouthwesterlyalongthelastnamedline40feetandthenceatrightanglessoutheasterly300feetmoreorlesstothePointofBeginningExceptingfromParcels12and3hereinabovedescribedthatportiondescribedintheDeedtotheCityofLivermoreaMunicipalCorporationrecordedJanuary221975Reel3860Image107SeriesNo758473OfficialRecords THEFOREGOINwasPASSEDandADOPTEDbythefollowingvoteoftheAlamedaCountyBoardofSupervisorsthis22nddayofOctober2002towitAYESSupervisorsCarsonLaiBitkerMileySteelePresidentHaggerty5NOESNoneEXCUSEDNonePRESIDENTBOARDOFSUPERORSATTESTCrystalKHishidaClerkBoardofSupervisorsfByaDeputyFile17359AgendaNo552OFA4oorUCPqIFOPNIcertifythattheforegoingisacorrectcopyofaResolutionadoptedbytheBoardofSupervisorsAlamedaCountyStateofCaliforniaDocumentNoR2003176PageNo6ATTESTCrystalKHishidaClerkBoardofSupervisorsDeputyvagendaformsresobakdoc CERTIFICATEOFACCEPTANCEThisistocertifythattheinterestinrealpropertyconveyedbytheGrantDeedAPN098026001702AlldatedOctober222002fromtheCountyofAlamedatotheRedevelopmentAgencyoftheCityofLivermoreisherebyacceptedbytheundersignedSecretaryonbehalfoftheRedevelopmentAgencyoftheCityofLivermorepursuanttoauthorityconferredbyResolutionNoRA389oftheRedevelopmentAgencyadoptedonJanuary231989andthegranteeconsentstotherecordationthereofbyitsdulyauthorizedofficerDATEDDecember122002Xlt1iCalvertSecretaryLivermoreRedevelopmentAgency1052SouthLivermoreAvenueLivermoreCA94550 IN THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE STATE OF CALIFORNIA A RESOLUTION APPROVING AND AUTHORIZING PURCHASE OF LAND, ACCEPTANCE OF GRAND DEED AND APPROPRIATION OF FUNDS 2418 Railroad Avenue — APN #098- 0260- 017 -02 - $873 The Redevelopment Agency has been negotiating to purchase property commonly known as 2418 Railroad Avenue, APN #098 - 0260 - 017 -02, which is owned by Alameda County. The Agency seeks to acquire this parcel for the Livermore Valley Center (LVC) Project for the Phase I Parking Garage. that: Now, therefore, the Redevelopment Agency of the City ofLivermore finds and resolves l . Purchase of the property located at 2418 Railroad Avenue, APN #098- 0260 -017- 02 is approved. 2. Acceptance of the Grant Deed from Alameda County is approved. 3. Appropriation of funds in the amount of $873,000 from the Agency's Tax Allocation Bond Fund for purchase of the subject property is approved. 4. The Chairperson of the Redevelopment Agency is authorized to sign all related documents. AP RO AS TO FORM 9N'VkA'L COUNSEL On motion of Agency Member Vargas , seconded by Agency Member Re i ttor , the foregoing action was taken on this 25 day of November , 2002 by the following vote: AYES: NOES: ABSENT: AGENCYMEMBERS Beeman, Dietrich, Reitter, Vargas, Chairperson Kamena AGENCYMEMBERS None AGENCYMEMBERS None W21-MA.famm Ali W: CHAIRPERSON, REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE, CALIFORNIA ATTEST: A A' rte SECRETARY 11/25/02 RESOLUTION NO. RA-- 2002 -24 (Property was APN 098-0260-018-01 at time aqcuired) WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the State of California, notice has been duly given to the owners ofthe subject property and whose names and addresses appear on the last Alameda County equalized assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the Redevelopment Agency of the City of Livermore on the following matters: a) Whether the public interest and necessity require the Project; b) Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c) Whether the interests sought to be acquired are necessary for the Project; and d) Whether the offer to purchase required by Government Code section 7267.2 has been submitted to the owners of the real property interests. WHEREAS, pursuant to the provisions of Section 7267.2 ofthe Government Code of the State of California, the Redevelopment Agency ofthe City of Livermore has made an offer to the owner of subject property for just compensation; NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: 1. The public interest and necessity require the Project; 2. The Project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; 3. The property interests sought to be acquired are necessary for the project; 4. The offer required by section 7267.2 ofthe Government Code of the State of California has been made to the owners of subject property; 5. The Project herein is consistent with the land uses analyzed in the Final Environmental Impact Report on the Livermore Redevelopment Plan and the Urban Design Plan (certified by the City Council in August 1992), and 2 RESOLUTION NO. RA2002-20 SEP 19 2002 g J 1 1:57 PM FR MEYERS NAVE 510 351 3804 TO 19259604045 P. 12/20 i" TIW~REØI 1..fJOO-3ß.13:Ø S· ·..:ASSESSOR'S 1J28Ø, l I' ..~.." r "II III ", ~I Ifl ~L-;-II "1 ~ MA..... 98 COdeAteONO.lt·\TQ. 01' of/ll'or"fhern·AclcI;-¡'Ùu? -t-o t-h~ 7ı·w n or LiVer/Yl ore. (1117'¡:,J. (4kz "'.S'IJ IPlor·q¡~~~ø""A:St~~~,,(. ~./~ 1o'poT~'Âe ß:= L eodTroc-r. (d/(. ~ I"~. z),WUi II tnoOf".\:: 1I r.Scalelin-4otl' r ðVb,.fA "~rS-/-ree- r;IJ' ø RIo rol~ 2rv.. / e . ¡t2~2t'l "'- If" f/~ 4Q1i ejiJ'1:'1'" ZIJ7 I~... -. ~¡'q.ifl:: nsAr'"I· t .. ñ~cr,.~e ' J ':"-f;#4'': ~, 0 J ~f "J. C)s It es 7'-~ .. ð III QI 1) t Ù ø 2~ ( ""1,J"'~'~ 1/ y ~ @) 0 ............. I . 1A,Cn .,., ariA " 4"~ ,. so I IL;verrYJoreIt/en ve..2111r; ð~ NOTICeÍ'<."'G:W'.'¡ri. .,:..:.., I'þh!t-' I mlS' /lJAP "'In' Oltr.tAV NOT BE ASURVF:Y OF THE LAND ~.PICTEO HEREON. IT IS NOT TO £IE ~E( rEO upoN FIJfI '. NYPU:1posr: OTlfëR THAN ORIENTATliiGor¡t:'$ Sf IF ~3 r~ r. iiN[IIAL LOCATlO;,¡ OF THE PARcn O~ Pflr.!;f.l~ Ofi"'7f;¡Z~: 1r',"STA.\4F;PfC.\N1,ìltr.r.~.PA"'YJ\~" :III~S .'II~ U¡·O'I.;"{ f.: 1i CP, A~MGE lìESlltTltiGfiJ')h: ~iu"~t[ TW,,:':;Order: 592882 TOF: PW ALSk-Pn 9R - ?RO ~ht 1 ,.,f 159 North I Street APN: 098-0280-001-02 098-0280-002-01 098-0280-002-02 N I S T RAILROAD AVE S. L I V E R M O R E A V E FIRST S T R E E T N. I S T . EXHIBIT B.7 WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the State of California, notice has been duly given to the owners ofthe subject property and whose names and addresses appear on the last Alameda County equalized assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the Redevelopment Agency of the City of Livermore on the following matters: a) Whether the public interest and necessity require the Project; b) Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c) Whether the interests sought to be acquired are necessary for the Project; and d) Whether the offer to purchase required by Government Code section 7267.2 has been submitted to the owners of the real property interests. WHEREAS, pursuant to the provisions of Section 7267.2 ofthe Government Code of the State of California, the Redevelopment Agency ofthe City of Livermore has made an offer to the owner of subject property for just compensation; NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: 1. The public interest and necessity require the Project; 2. The Project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; 3. The property interests sought to be acquired are necessary for the project; 4. The offer required by section 7267.2 ofthe Government Code of the State of California has been made to the owners of subject property; 5. The Project herein is consistent with the land uses analyzed in the Final Environmental Impact Report on the Livermore Redevelopment Plan and the Urban Design Plan (certified by the City Council in August 1992), and 2 RESOLUTION NO. RA2002-20 SEP 19 2002 g J 1 1:57 PM FR MEYERS NAVE 510 351 3804 TO 19259604045 P. 12/20 i" TIW~REØI 1..fJOO-3ß.13:Ø S· ·..:ASSESSOR'S 1J28Ø, l I' ..~.." r "II III ", ~I Ifl ~L-;-II "1 ~ MA..... 98 COdeAteONO.lt·\TQ. 01' of/ll'or"fhern·AclcI;-¡'Ùu? -t-o t-h~ 7ı·w n or LiVer/Yl ore. (1117'¡:,J. (4kz "'.S'IJ IPlor·q¡~~~ø""A:St~~~,,(. ~./~ 1o'poT~'Âe ß:= L eodTroc-r. (d/(. ~ I"~. z),WUi II tnoOf".\:: 1I r.Scalelin-4otl' r ðVb,.fA "~rS-/-ree- r;IJ' ø RIo rol~ 2rv.. / e . ¡t2~2t'l "'- If" f/~ 4Q1i ejiJ'1:'1'" ZIJ7 I~... -. ~¡'q.ifl:: nsAr'"I· t .. ñ~cr,.~e ' J ':"-f;#4'': ~, 0 J ~f "J. C)s It es 7'-~ .. ð III QI 1) t Ù ø 2~ ( ""1,J"'~'~ 1/ y ~ @) 0 ............. I . 1A,Cn .,., ariA " 4"~ ,. so I IL;verrYJoreIt/en ve..2111r; ð~ NOTICeÍ'<."'G:W'.'¡ri. .,:..:.., I'þh!t-' I mlS' /lJAP "'In' Oltr.tAV NOT BE ASURVF:Y OF THE LAND ~.PICTEO HEREON. IT IS NOT TO £IE ~E( rEO upoN FIJfI '. NYPU:1posr: OTlfëR THAN ORIENTATliiGor¡t:'$ Sf IF ~3 r~ r. iiN[IIAL LOCATlO;,¡ OF THE PARcn O~ Pflr.!;f.l~ Ofi"'7f;¡Z~: 1r',"STA.\4F;PfC.\N1,ìltr.r.~.PA"'YJ\~" :III~S .'II~ U¡·O'I.;"{ f.: 1i CP, A~MGE lìESlltTltiGfiJ')h: ~iu"~t[ TW,,:':;Order: 592882 TOF: PW ALSk-Pn 9R - ?RO ~ht 1 ,.,f WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the State of California, notice has been duly given to the owners ofthe subject property and whose names and addresses appear on the last Alameda County equalized assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the Redevelopment Agency of the City of Livermore on the following matters: a) Whether the public interest and necessity require the Project; b) Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c) Whether the interests sought to be acquired are necessary for the Project; and d) Whether the offer to purchase required by Government Code section 7267.2 has been submitted to the owners of the real property interests. WHEREAS, pursuant to the provisions of Section 7267.2 ofthe Government Code of the State of California, the Redevelopment Agency ofthe City of Livermore has made an offer to the owner of subject property for just compensation; NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: 1. The public interest and necessity require the Project; 2. The Project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; 3. The property interests sought to be acquired are necessary for the project; 4. The offer required by section 7267.2 ofthe Government Code of the State of California has been made to the owners of subject property; 5. The Project herein is consistent with the land uses analyzed in the Final Environmental Impact Report on the Livermore Redevelopment Plan and the Urban Design Plan (certified by the City Council in August 1992), and 2 RESOLUTION NO. RA2002-20 SEP 19 2002 g J 1 1:57 PM FR MEYERS NAVE 510 351 3804 TO 19259604045 P. 12/20 i" TIW~REØI 1..fJOO-3ß.13:Ø S· ·..:ASSESSOR'S 1J28Ø, l I' ..~.." r "II III ", ~I Ifl ~L-;-II "1 ~ MA..... 98 COdeAteONO.lt·\TQ. 01' of/ll'or"fhern·AclcI;-¡'Ùu? -t-o t-h~ 7ı·w n or LiVer/Yl ore. (1117'¡:,J. (4kz "'.S'IJ IPlor·q¡~~~ø""A:St~~~,,(. ~./~ 1o'poT~'Âe ß:= L eodTroc-r. (d/(. ~ I"~. z),WUi II tnoOf".\:: 1I r.Scalelin-4otl' r ðVb,.fA "~rS-/-ree- r;IJ' ø RIo rol~ 2rv.. / e . ¡t2~2t'l "'- If" f/~ 4Q1i ejiJ'1:'1'" ZIJ7 I~... -. ~¡'q.ifl:: nsAr'"I· t .. ñ~cr,.~e ' J ':"-f;#4'': ~, 0 J ~f "J. C)s It es 7'-~ .. ð III QI 1) t Ù ø 2~ ( ""1,J"'~'~ 1/ y ~ @) 0 ............. I . 1A,Cn .,., ariA " 4"~ ,. so I IL;verrYJoreIt/en ve..2111r; ð~ NOTICeÍ'<."'G:W'.'¡ri. .,:..:.., I'þh!t-' I mlS' /lJAP "'In' Oltr.tAV NOT BE ASURVF:Y OF THE LAND ~.PICTEO HEREON. IT IS NOT TO £IE ~E( rEO upoN FIJfI '. NYPU:1posr: OTlfëR THAN ORIENTATliiGor¡t:'$ Sf IF ~3 r~ r. iiN[IIAL LOCATlO;,¡ OF THE PARcn O~ Pflr.!;f.l~ Ofi"'7f;¡Z~: 1r',"STA.\4F;PfC.\N1,ìltr.r.~.PA"'YJ\~" :III~S .'II~ U¡·O'I.;"{ f.: 1i CP, A~MGE lìESlltTltiGfiJ')h: ~iu"~t[ TW,,:':;Order: 592882 TOF: PW ALSk-Pn 9R - ?RO ~ht 1 ,.,f wrRECORDINGREQUESTEDBYFirstAmericanTitleCompanyANDWHENRECORDEDMAILTORedevelopmentAgencyCityofLivermore159NorthIStreetLivermoreCAoqoJa1qZ006Z859Z90725Z0080830Rf7uaOFFICIALRECORDSOFALAMEDACOUNTYPATRICKOCONNfiLLr1RECORDINGFEE14003PG5AboveThisLineforRecordersUseOnlyAPN098028000202and0980280FileNo0131b14852a1aDB00202GRANTDEEDTheUndersignedGrantorsDeclaresDOCUMENTARYTRANSFERTAXNoneCitygovernmentagencyisgranteeCITYTRANSFERTAXD00SURVEYMONUMENTFEEcomputedontheconsiderationorfullvalueofpropertyconveyedORcomputedontheconsiderationorfullvaluelessvalueofliensandorencumbrancesremainingattimeofsaleunincorporatedareaxCityofLivermoreandFORAVALUABLECONSIDERATIONreceiptofwhichisherebyacknowledgedDonaldUlianaandSaraLaughlinandBerniceBMingoiaTrusteeBerniceBMingoiaLivingTrustdatedMarch41999herebyGRANTStoRedevelopmentAgencyoftheCityofLivermorethefollowingdescribedpropertyintheCityofLivermoreCountyofAlamedaStateofCaliforniaCOMMENCINGATAPOINTONTHEWESTERNLINEOFISTREETDISTANTTHEREONFIFTYFEETSOUTHERLYFROMTHEPOINTOFINTERSECTIONTHEREOFWITHTHESOUTHERNLINEOFOAKSTREETASSAIDSTREETSARESHOWNONTHEMAPHEREINAFTERREFERREDTORUNNINGTHENCESOUTHERLYALONGSAIDLINEOFISTREETONEHUNDREDFEETTHENCEATRIGHTANGLESWESTERLYONEHUNDREDFIFTY150FEETTHENCEATRIGHTANGLESNORTHERLYONEHUNDRED100FEETTHENCEATRIGHTANGLESEASTERLYONEHUNDREDFIFTY150FEETTOTHEPOINTOFCOMMENCEMENTONSAIDLINEOFISTREETBEINGAPORTIONOFBLOCKNO1ASSAIDBLOCKISLAIDDOWNANDDELINEATEDUPONTHATCERTAINMAPENTITLEDMAPOFTHENORTHERNADDITIONTOTHETOWNOFLIVERMORESURVEYEDFORALEXREDSON7ULY1875WFBOARDMANCEFILEDSEPTEMBER201875INTHEOFFICEOFTHECOUNTYRECORDEROFALAMEDACOUNTYEXCEPTINGTHEREFROMTHATREALPROPERTYGRANTEDBYAMELIAULIANAGRANTORTOTHECITYOFLIVERMOREAMUNICIPALCORPORATIONGRANTEEINTHATCERTAINDEEDDATEDDECEMBER111975RECORDEDANUARY161975ASINSTRUMENTNO757404ATREEL4229IMAGE40INTHEOFFICIALRECORDSOFALAMEDACOUNTYDESCRIBEDASFOLLOWSAPORTIONOFTHATCERTAINPARCELDESCRIBEDINTHEDEEDRECORDEDMARCH291932BOOK2813PAGE28CC16193ALAMEDACOUNTYRECORDSDESCRIBEDASFOLLOWSMailTaxStatementsToSAMEASABOVEORIGINALDOCUMENTNEVERRCVDFROMRECORDERSOFFICEDUETOINCORRECTADDRESSLISTEDFORREDEVELOPMENTAGENCYCERTIFIEDCOPYOBTAINEDFROMRECORDERSOFFICEAPRiL42007 APN098028000202and098GrantDeedcontinuedFileNo0131614852a1a0280OOZOZpgDate07062006BEGINNINGATTHENORTHERNMOSTCORNEROFTHATCERTAINPARCELHEREINREFERREDTOSAIDCORNERBEINGFIFTY50FEETSOUTHERLYALONGTHEWESTERLYBOUNDARYLINEOFNORTHTSTREETFROMTHESOUTHERLYBOUNDARYLINEOFOAKSTREETTHENCESOUTHERLYALONGTHEPROLONGATIONOFSAIDWESTERLYBOUNDARYLINEFIFTY50FEETTHENCEATRIGHTANGLESTOTHERIGHTONEHUNDREDFIFTY150FEETTHENCEATRIGHTANGLESTOTHERIGHTALONGTHEWESTERLYBOUNDARYLINEOFSAIDPARCELFIFTY50FEETTHENCEATRIGHTANGLESTOTHERIGHTALONGTHENORTHERLYBOUNDARYLINEOFSAIDPARCELONEHUNDREDFIFTY150FEETTOTHEPOINTOFBEGINNINGDated07062006DonaUlianaBerniceBMingoiaTrusteeBerniceBMingoiaLivingTrustdatedMarch41999BerniceBMingoiaeJJSaraLaughlinsTATEofssCOUNTYOFGsOnabeforeme4dNotaublicpersonallapeared1fpersonaltyknowntomeorprovedtomeonthebasisofsafactoryevidencetobethepersonswhosenamesisaresubscribedtothewithinInstrumentandacknowledgedtomethatheshetheyexecutedthesameinhisJhertheirauthorizedcapacityiesandthatbyhishertheirsignaturesontheinstrumentthepersonsortheentityuponbehalfofwhichthepersonsactedexecutedtheinstrumentWITNESSmyhandandofficialsealBELVAMAYFIEIDCommisslont5t4b07eNotaryPubNoCalltomlaAlamedaCountyMyCommtxpkesSep202008ThisareaforolfclanotarialsealNotaryPhoneo7ssCountyofPrincipalPlaceofBusinessrQ2GJSignatureMyCommissionExpiresdNotaryNameNotaryRegistrationNumberyPage2of2 YrOCERTIFICATEOFACCEPTANCEThisistocertifythattheinterestinrealproperlyconveyedbytheGrantDeeddatedJulytv2006fromDonaldUlianaastoanundivided13interestSaraLaughlinastoanundivided13interestandBerniceBMingoiaTrusteewBerniceBMingoiaLivingTrustDatedMarch41999astoanundivided13interestAPN098026001802totheRedevelopmentAgencyoftheCityofLivermoreisherebyacceptedbytheundersignedSecretaryonbehalfoftheRedevelopmentAgencyoftheCityofLivermorepursuanttoauthorityconferredbyResolutionNoRA389oftheRedevelopmentAgencyoftheCityofLivermoreadoptedonJanuary231989andthegranteeconsentstotherecordationthereofbyitsdulyauthorizedoffiicerDatedJuly2006AliceCalvertSecretaryRedevelopmentAgencyoftheCityofiLivermore1052SouthLivermoreAvenueLivermoreCA94550 ThisistociythatthisisatruceaicmrtotfrtrsstttiQlNTYCtEF 2216 Railroad Avenue APN: 098-0280-008-03 098-0280-008-08 RAILROAD AVE S. L I V E R M O R E A V E N I S T EXHIBIT B.8 WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the State of California, notice has been duly given to the owners ofthe subject property and whose names and addresses appear on the last Alameda County equalized assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the Redevelopment Agency of the City of Livermore on the following matters: a) Whether the public interest and necessity require the Project; b) Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c) Whether the interests sought to be acquired are necessary for the Project; and d) Whether the offer to purchase required by Government Code section 7267.2 has been submitted to the owners of the real property interests. WHEREAS, pursuant to the provisions of Section 7267.2 ofthe Government Code of the State of California, the Redevelopment Agency ofthe City of Livermore has made an offer to the owner of subject property for just compensation; NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: 1. The public interest and necessity require the Project; 2. The Project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; 3. The property interests sought to be acquired are necessary for the project; 4. The offer required by section 7267.2 ofthe Government Code of the State of California has been made to the owners of subject property; 5. The Project herein is consistent with the land uses analyzed in the Final Environmental Impact Report on the Livermore Redevelopment Plan and the Urban Design Plan (certified by the City Council in August 1992), and 2 RESOLUTION NO. RA2002-20 SEP 19 2002 g J 1 1:57 PM FR MEYERS NAVE 510 351 3804 TO 19259604045 P. 12/20 i" TIW~REØI 1..fJOO-3ß.13:Ø S· ·..:ASSESSOR'S 1J28Ø, l I' ..~.." r "II III ", ~I Ifl ~L-;-II "1 ~ MA..... 98 COdeAteONO.lt·\TQ. 01' of/ll'or"fhern·AclcI;-¡'Ùu? -t-o t-h~ 7ı·w n or LiVer/Yl ore. (1117'¡:,J. (4kz "'.S'IJ IPlor·q¡~~~ø""A:St~~~,,(. ~./~ 1o'poT~'Âe ß:= L eodTroc-r. (d/(. ~ I"~. z),WUi II tnoOf".\:: 1I r.Scalelin-4otl' r ðVb,.fA "~rS-/-ree- r;IJ' ø RIo rol~ 2rv.. / e . ¡t2~2t'l "'- If" f/~ 4Q1i ejiJ'1:'1'" ZIJ7 I~... -. ~¡'q.ifl:: nsAr'"I· t .. ñ~cr,.~e ' J ':"-f;#4'': ~, 0 J ~f "J. C)s It es 7'-~ .. ð III QI 1) t Ù ø 2~ ( ""1,J"'~'~ 1/ y ~ @) 0 ............. I . 1A,Cn .,., ariA " 4"~ ,. so I IL;verrYJoreIt/en ve..2111r; ð~ NOTICeÍ'<."'G:W'.'¡ri. .,:..:.., I'þh!t-' I mlS' /lJAP "'In' Oltr.tAV NOT BE ASURVF:Y OF THE LAND ~.PICTEO HEREON. IT IS NOT TO £IE ~E( rEO upoN FIJfI '. NYPU:1posr: OTlfëR THAN ORIENTATliiGor¡t:'$ Sf IF ~3 r~ r. iiN[IIAL LOCATlO;,¡ OF THE PARcn O~ Pflr.!;f.l~ Ofi"'7f;¡Z~: 1r',"STA.\4F;PfC.\N1,ìltr.r.~.PA"'YJ\~" :III~S .'II~ U¡·O'I.;"{ f.: 1i CP, A~MGE lìESlltTltiGfiJ')h: ~iu"~t[ TW,,:':;Order: 592882 TOF: PW ALSk-Pn 9R - ?RO ~ht 1 ,.,f (Property was APN: 098-0280-008-05 at time acquired) WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the State of California, notice has been duly given to the owners ofthe subject property and whose names and addresses appear on the last Alameda County equalized assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the Redevelopment Agency of the City of Livermore on the following matters: a) Whether the public interest and necessity require the Project; b) Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c) Whether the interests sought to be acquired are necessary for the Project; and d) Whether the offer to purchase required by Government Code section 7267.2 has been submitted to the owners of the real property interests. WHEREAS, pursuant to the provisions of Section 7267.2 ofthe Government Code of the State of California, the Redevelopment Agency ofthe City of Livermore has made an offer to the owner of subject property for just compensation; NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: 1. The public interest and necessity require the Project; 2. The Project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; 3. The property interests sought to be acquired are necessary for the project; 4. The offer required by section 7267.2 ofthe Government Code of the State of California has been made to the owners of subject property; 5. The Project herein is consistent with the land uses analyzed in the Final Environmental Impact Report on the Livermore Redevelopment Plan and the Urban Design Plan (certified by the City Council in August 1992), and 2 RESOLUTION NO. RA2002-20 SEP 19 2002 g J 1 1:57 PM FR MEYERS NAVE 510 351 3804 TO 19259604045 P. 12/20 i" TIW~REØI 1..fJOO-3ß.13:Ø S· ·..:ASSESSOR'S 1J28Ø, l I' ..~.." r "II III ", ~I Ifl ~L-;-II "1 ~ MA..... 98 COdeAteONO.lt·\TQ. 01' of/ll'or"fhern·AclcI;-¡'Ùu? -t-o t-h~ 7ı·w n or LiVer/Yl ore. (1117'¡:,J. (4kz "'.S'IJ IPlor·q¡~~~ø""A:St~~~,,(. ~./~ 1o'poT~'Âe ß:= L eodTroc-r. (d/(. ~ I"~. z),WUi II tnoOf".\:: 1I r.Scalelin-4otl' r ðVb,.fA "~rS-/-ree- r;IJ' ø RIo rol~ 2rv.. / e . ¡t2~2t'l "'- If" f/~ 4Q1i ejiJ'1:'1'" ZIJ7 I~... -. ~¡'q.ifl:: nsAr'"I· t .. ñ~cr,.~e ' J ':"-f;#4'': ~, 0 J ~f "J. C)s It es 7'-~ .. ð III QI 1) t Ù ø 2~ ( ""1,J"'~'~ 1/ y ~ @) 0 ............. I . 1A,Cn .,., ariA " 4"~ ,. so I IL;verrYJoreIt/en ve..2111r; ð~ NOTICeÍ'<."'G:W'.'¡ri. .,:..:.., I'þh!t-' I mlS' /lJAP "'In' Oltr.tAV NOT BE ASURVF:Y OF THE LAND ~.PICTEO HEREON. IT IS NOT TO £IE ~E( rEO upoN FIJfI '. NYPU:1posr: OTlfëR THAN ORIENTATliiGor¡t:'$ Sf IF ~3 r~ r. iiN[IIAL LOCATlO;,¡ OF THE PARcn O~ Pflr.!;f.l~ Ofi"'7f;¡Z~: 1r',"STA.\4F;PfC.\N1,ìltr.r.~.PA"'YJ\~" :III~S .'II~ U¡·O'I.;"{ f.: 1i CP, A~MGE lìESlltTltiGfiJ')h: ~iu"~t[ TW,,:':;Order: 592882 TOF: PW ALSk-Pn 9R - ?RO ~ht 1 ,.,f  FIRST ST SECOND ST S . L I V E R M O R E A V E S. L S T 2164 Second Street (Chamber of Commerce Parking Lot) APN: 097-0014-003-04 EXHIBIT B.9 tEnTJSTPYRcRETURNTOCITYCLERKCITYMALL102SOUTHLIVERMOREAVENUELIVERMORECA9150CityofLivermore1052SoLivermoreAvenueLivermoreCA94550AttnCityClerkCcRecordedinOfficialRecordsAlamedaCountPatrickOConnellClerkRecorderNoFee983210831101am0916980052906055429408024700900000000000000000000MAILTAXSTATEMENTSTOSAMEASABOVEAPN97001400304TheUndersignedgrantorsdeclareslCITYTRANSFERTAXDOCUMENTARYTRANSFERTAX5SURVEYMONUMENTFEEComputedontheconsiderationorvalueorpropertyconveyedORComputedontheconsiderationorvaluelessliensorencumbrancesremainingattimeofsaleGRANTOFEASEMENTFORAVALUABLECONSIDERATIONreceiptofwhichisherebyacknowledgedTHEREDEVELOPMENTAGENCYOFTHECITYOFLIVERMOREaCaliforniaPublicEntityHEREBYGRANTStoWEDWARDKINGANDFRANCESKINGHUSBANDANDWIFEASCOMMUNITYPROPERTYANDTHEIRHEIRSANDASSIGNStherealpropertyintheCityofLIVERMORECountyofALAMEDAStateofCaliforniaasdescribedasACCESSANDDRAINAGEEASEMENTAnaccesseasementanddrainageeasementonoverandacrossthefollowingdescribedrealpropertyDatedSTATEOFCALIFORNIACOUNTYOFFORLEGALDESCRIPTIONANDPLATSEEEXHIBITAANDEXHIBITBPLATATTACHEDHERETOANDMADEAPARTHEREOFSSCTPtltITTFRM1RFOnbeforemepersonallyappearedpersonallyknowntomeorprovedtomeonthebasisofsatisfactoryevidencetobethepersonswhosenamesisaresubscribedtothewithininstrumentandacknowledgedtomethatheshetheyexecutedthesameinhishertheirauthorizedcapacityliesandthatbyhishertheirsignaturelsontheisntrumentthepersonsortheentityuponbehalfofwhichthepersonsactedexecutedtheinstrumentWITNESSmyhandandofficialsealSignatu 98321083STATEOFCALIFORNIACOUNTYOFALAMEDAssbeforeelClCKpersonallyappearedrsCITYOFLIVERMOREpersonallyknowntomeorproedtomeonthebasisofsatisfactoryrevidencetobethepersonswhosenamesisaresubscribedtothewithininstrumentandacknowledgedtomethatheshetheyexecutedthesameinhishertheirauthorizedcapacityiesandthatbyhishertheirsignaturesontheinstrumentthepersonsortheentityuponbehalfofwhichthepersonsactedexecutedtheinstrumentWITNESSmyhadandofficialalSignatureThisareaforofficialCityseal 98321083EXHIBITAANACCESSEASEMENTANDSTORMDRAINEASEMENTSITUATEDINTHECITYOFLIVERMORECOUNTYOFALAMEDASTATEOFCALIFORNIADESCRIBEDASFOLLOWSSAIDEASEMENTSPROVIDEASTORMDRAINEASEMENTFORTHECONVEYANCEOFSTORMDRAINAGEANDANACCESSEASEMENTFORTHERIGHTOFINGRESSEGRESSANDUSEFORTHEPURPOSEOFVEHICULARPARKINGONOVERANDACROSSTHATCERTAINPARCELOFLANDDESCRIBEDINTHEGRANTDEEDTOTHEREDEVELOPMENTAGENCYOFTHECITYOFLIVERMOREACALIFORNIAPUBLICENTITYRECORDEDJULY31989UNDERSERIESNO89177499ALAMEDACOUNTYRECORDSTOTHATCERTAINPARCELOFLANDDESCRIBEDINTHEGRANTDEEDTOWEDWARDKINGANDFRANCESKINGRECORDEDJULY231992UNDERSERIESNO92237355ALAMEDACOUNTYRECORDSOQRFESptQQEBOSTtc3GtTo6JOFCAL f3VrrnwrZliiXNIJ3IT8sotfMwirwwr1ArwirrYrVMYyVwMSTfzoFOL61OOorWQvACING922335wArMMMwvr1rrAtiVrrJirMVIJtjr4MM1y1JtirrMAr1rMtitrLMrrYrfMMrrZ9832083r1Q50KSTr IN THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE STATE OF CALIFORNIA A RESOLUTION AUTHORIZING EXECUTION OF A PROPERTY ACQUISITION CONTRACT Hunan) BE IT RESOLVED by the Redevelopment Agency of the City of Livermore that the Chairman is authorized to sign on behalf of the Redevelopment Agency of the City of Livermore a Contract for Sale of Real Property between Tony Hoy Ting Lau and Siu Lin Lau, husband and wife, as joint tenants, and George Hoy Sock Lau, an unmarried man and the City of Livermore to purchase the Hunan Restaurant property at 2164 Second street. A copy of this contract is on file in the office of the City Clerk. APPROVED AS TO FORM: s<-e,)J '- ATANT GENERAL COUNSEL On motion of Agency Member Wieskamp seconded by Agency Member Bartoli the foregoing Resolution was passed and adopted this 23rd day of January , 1989, by the following vote: AYES: AGENCY MEMBERS Wieskamp, Bartoli and Mavor Turner NOES: AGENCY MEMBER Brown ABSENT: AGENCY MEMBER RESOLUTION NO. RA-2-89 East Stanley Boulevard (vacant lot) APN: 099-0175-025 EXHIBIT B.10 E. STANLEY BLVD (Property was APN: 099-0175-004-04 at time acquired)  Parcel Map Filed May 2002 (see arrow below) EXHIBIT B.11 E. STANLEY BLV D Arroyo Mocho (vacant lot) APN: 099-0175-026 (Property was APN: 099-0175-004-04 at time acquired)  Parcel Map Filed May 2002 (see arrow below) 2890 Fourth Street (future Palasage Childcare site) APN: 097-0152-003-00 EXHIBIT B.12 IN THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE STATE OF CALIFORNIA A RESOLUTION ACCEPTING CONVEYANCE OF A .22 ACRE PARCEL (THE PALASAGE CHILD CARE SITE) In 2002, the City Council approved Housing Implementation Program allocations to Bancorp for the development of 68 condominium units on a 3-acre site between First and Fourth Streets, west of Inman Street ("palasage"). As a condition of approval, a .22:1: acre-parcel was designated as a site for a childcare facility. To date, the property owner has been unsuccessful in locating a childcare provider to develop the childcare site and now wishes to donate the .22-acre site to the City. The City has extensive experience in working with nonprofit agencies to develop these types of projects and acceptance of this parcel will ensure that a childcare facility will be constructed on the site. NOW, THEREFORE, the Redevelopment Agency of the City of Livermore finds and resolves that: 1. The proposed conveyance of the .22-acre:l: site adjacent to the Palasage project (generally as depicted on the attached Exhibit "A") is consistent with the General Plan and Downtown Specific Plan. 2. The City is considered a tax exempt organization for purposes of the federal Internal Revenue Code and the California Revenue and Taxation Code. 3. The property is being donated in an "as is" condition and the donor has knowingly waived any compensation for the property. 4. Escrow will be handled by First American Title Company, in Pleasanton, Escrow Number 2621847. This resolution shall take effect immediately upon its adoption. On the motion of Agencymember Dietrich, seconded by Vice Chair Leider, the foregoing Resolution was passed and adopted this 11th day of December, 2006, by the following vote: AYES: Agencymembers Dietrich, Marchand, Reitter, Vice Chair Leider and Chairperson Kamena NOES: None ABSENT: None ABSTAIN: None ATTEST:APPROVED AS TO FORM: td&if obJ-cJ ?~ SECRETARY GENERAL COUNSEL RESOLUTION NO. RA-2006-16 IN THE CITY COUNCIL OF THE CITY OF LIVERMORE STATE OF CALIFORNIA RESOLUTION APPROVING SITE PLAN APPROVAL AND TENTATIVE PARCEL MAP Site Plan Approval 02-009 and Tentative Tract Map 7379 - Michael Banducci for Bancor Properties, LLC) Applicant Michael Banducci for Bancor Properties, LLC, has applied for Site Plan Approval 02-009, Tentative Tract Map 7379 for the development of68 attached single-family residential units and a day care center on a 3.78-acre site south of First Street and west of Inman Street. On August l5, 2002, the Design Review Committee considered the application and recommended approval of the project with seven minor conditions regarding lighting and landscaping, On September 17, 2002, the Planning Commission held a public hearing, considered the staff's recommendation for approval, heard public testimony, determined that the project is consistent with the Livermore General Plan and adopted Resolution No, 50-02, recommending the City Council approve the project. The Livermore City Council held a public hearing on October 21,2002, and considered the recommendation ofthe Planning Commission, together with pertinent drawings, documents, and testimony; during the hearing the applicant formally withdrew its application for Housing Implementation Program Amendment 02-002, This Council is satisfied with the recommendations and findings of the Planning Commission contained in Resolution 50-02, and adopts same by reference; and the Conditions of Approval for Tentative Tract Map 7379 and Site Plan Approval 02-009, except that Condition B( 6) of Site Plan Approval 02-009 and Condition 7 of the Engineering Conditions shall be changed as follows: 1.Iftrees cannot be planted on neighboring properties on Fourth Street and on Wood Street, consistent with the proposed site plan, then the same quantity and size of trees shall be planted in an off-site location as approved by staff. An initial study ofthe effect ofthe use on the environment has been made with the result that a determination has been made that there will be no significant effect on the environment and that the Mitigated Negative Declaration is approved and certified as being complete and accurate and the City Clerk is directed to file a Notice of Determination with the Alameda County Clerk. RESOLUTION NO, 2002-245 1 TT-1rT"-.r DATE: September 11,2002 Amended by City Councill O/2l/02) ENGINEERING CONSIDERATIONS - EXHIBIT "A" Subject to revision prior to final approval by Planning Commission and City Council) TENTATIVE TRACT: 7379 LOCATION: 2911 First Street - Project bounded by First Street, Fourth Street, Inman Street and Wood Street APPLICANT: Bancor Properties Note: Specific conditions are shown in large type. Standard conditions that apply to this project are shown in small type, In addition, standard conditions of approval for this project are listed in Section n of the Development Plan Check and Procedures Manual. 1. DEFINITIONS: For the purpose ofthis agreement, the following words shall have the meanings respectively ascribed to them by this section: Developer:Person(s) or Corporation(s) signing final map(s) and subdivision agreement(s) Improvement Plans:Construction drawings for required public and private improvements Services:Utility lateral, or any portions ofa conduit cable or duct, between a utility distribution line and the site it serves 2. GENERAL: All required improvements shall be constructed prior to occupancy of the new residential units on this site. A. IMPROVEMENT PLANS - Exhibit A-l: An engineered improvement plan shall be prepared by the Developer for approval by the City's Departments (including the CommunityDevelopment, Public Services, Fire, and Police Department), which shall include, but not necessarily be limited to, existing site conditions, dedications, grading plans, street design and grades, curb, gutter, sidewalk and driveway grades, and type, size and location ofall public works improvements as herein required, Approval ofthis tentative map does not constitute approval of the details shown thereon, If there is any conflict between the tentative map and these Engineering Considerations, the Engineering Considerations shall govern, 1 T"1"--lrT-'" r No specific phased development plan has been submitted with this tentative tract application. Therefore all required improvements for this tentative map shall be constructed as one phase. A phased map could only be considered if a specific phasing plan is submitted for consideration as a tentative map amendment. B. STANDARDS FOR IMPROVEMENT PLANS AND MAPS: All improvement plans and maps shall confOlm to the following City ofLivermore documents except as modified by these engineering considerations: I. 2, City of Livermore Standard Specifications and Details Development Plan Check and Procedures Manual Completed final map and improvement plan checklists from the manual entitled "City of Livermore, Development Plan Check and Procedures Manual" shall be submitted with the first plan check submittal for each phase, C. STANDARD CONDITIONS OF APPROVAL IN THE DEVELOPMENT PLAN CHECK AND PROCEDURES MANUAL: All ofthe standard conditions of approval for subdivisions and major projects as listed in Part II ofthe City of Livermore Development Plan Check and Procedures Manual apply except for the following: A-2 A-5 A-9 A-ll A-14 A-15 A-16 B-1 B-8 B-9 B-10 B-ll B-12 B-13 B-14 B-15 G-1 K-1 K-2 K-3 Backing Lot Drainage Alameda County Right-of-Way Temporary Turnarounds Bridges Traffic Signals Traffic Signals Traffic Signal Interconnect Channels Upstream Drainage Flood Zone Flood Hazard Flood Hazard Flood Zone Flood Zone Creek Stability City of Livermore Water Service Area Trailway System Horticulturist Report Horticulturist Report Horticulturist Report 2 T"-1f"T< "'r D. WORK IN OTHER JURISDICTIONS: The Developer is responsible for obtaining permits and approvals for construction work and property acquisition that are required by agencies other than the City of Livermore. As indicated on the tentative tract map, Zone 7 owns and maintains a 24" water transmission main that must be relocated from an easement along the south side of First Street into the First Street Right-of-way. This relocation work will require approval from Zone 7 as well as an encroachment permit from Caltrans. The City will enter into an agreement with Zone 7 to facilitate the relocation of this facility. The developer will be responsible to prepare improvement plans for the relocation and pay all costs associated with this relocation work. Zone 7 shall approve the improvement plans for the relocation ofthe water line prior to the City Council approval of the final map. First Street (State Route 84) is Caltrans right-of-way and requires a permit from Caltrans. The Developer shall obtain the required Caltrans permit(s) prior to the approval of the improvement plans by the City. 2. STREETS: A SPECIFIC REQUIREMENTS: First Street (State Route 84) First Street is a major street in the General Plan and is also the currently designated as State Route 84. In order to restore a smooth riding surface and to provide a "finished look" after the utility crossings, First Street along the tract boundary shall be given a 1-1/4" Ac. overlay across the eastbound lanes to the median. Key cutting will be required at the conform points and along the gutter. The General Plan requires that access to major streets be limited. This does not propose any connection. Therefore, the developer shall relinquish abutter's rights on First Street. The tentative map indicates that the existing 5' wide sidewalk is to be removed and replaced with 10' wide Bluestone paving sidewalk banded with brick pavers. The existing curb is 8" tall and does not have a gutter. The existing curb shall be removed and replaced with City Standard curb and gutter in order to provide for adequate drainage, to conform to the proposed sidewalk, and to provide for potential future parking. 3 r"r ..1rT---'" T Inman. Fourth. and Wood Streets Inman, Fourth and Wood Streets are all local streets in the General Plan. In order to limit the vehicular access and to encourage pedestrian ingress and egress consistent with the project plans, the Developer shall relinquish abutter's rights for Inman, Fourth and Wood Streets. The existing sidewalk on Fourth Street is damaged and shall be removed and replaced with a separated 5' wide sidewalk in accordance with City Standards. On Wood Street, the curb, gutter and sidewalk are damaged and shall be removed and replaced. Wood Street was originally intended to connect to Third Street. However, the City has determined that the connection is not necessary and the existing unfinished end of Wood Street must be completed within the existing right-of-way. Curb, gutter and sidewalk shall be constructed to connect the east and west side improvements with ten (10) foot radius curves along the face ofthe curb at the end ofthe existing improvements. Interior Streets The interior streets are private streets, which shall have curb to curbs widths varying between 24 and 28 feet as shown on the tentative tract map. A decorative entrance feature or City Standard street level driveway shall be installed to delineate the private street, East Town Common and Wood Common from the public street, at the entrances to the tract. The tentative tract map indicates that the interior street Emergency Vehicle Access Easement EVAE) areas to have turfblock pavers. This is not acceptable for EVAE's. An alternate EVAE design sufficient to carry the load of emergency vehicles shall be submitted to and approved by the Livermore-Pleasanton Fire Department prior to the first plan check submittal. 3. SANITARY SEWERS: The in-tract sanitary sewer in the private street/courts/driveways will be publicly owned and maintained to the two-way cleanouts and the Developer shall dedicate a public utility easement on the final map. The tentative map shows a connection to the 10" sanitary sewer line in First Street. This line was previously owned by the Lawrence Livermore Lab and is currently owned and maintained by the City of Livermore. New discharges to this line are not normally permitted because of the age of the system and the existing system constraints. However, the City is willing to permit the proposed connection if all of the following conditions are satisfied: 4 r""rT"r l. The line must be inspected with a television camera from the proposed point of connection downstream to the intersection of Old First Street and Junction Avenue. The purpose of this inspection is to determine that the line is in suitable condition to be used for additional sanitary sewer flows from new development. 2. A flow measurement study must be conducted at the intersection of Pine Street and Rincon Avenue to determine the current flows in the 10" line. The study is to be conducted for a minimum of 48 hours over a weekend. The study is to be conducted in cooperation with the Engineering Division and the Water Resources Department of the City of Livermore. The results of the study must be submitted with calculations necessary to demonstrate that the line has sufficient capacity to accommodate the proposed flow. 3. The developer must provide copies of existing easements or obtain new easements for any location that the sewer line crosses private property downstream from the proposed point of connection. 4. Items 1 through 3 of this list must be completed and approved by the City of Livermore Engineering Division prior to the first plan check submittal. If any of the above items are not accomplished, an alternate sewer connection proposal, such as a connection to the existing sewer facilities in Third or Fourth Street, must be submitted to and approved by the City of Livermore Engineering Division prior to the first plan check submittal. Any proposal shall include a detailed study demonstrating that the sewer system has adequate capacity for the proposed connection. If additional offsite easements are necessary for construction of an alternate proposal, the Developer shall acquire the additional sewer and construction easements as required by the City of Livermore. If the Developer is unable to acquire the necessary easements, the City will use the power of Eminent Domain to acquire the necessary easements. Sewer shall be extended across all fTontages ofeach phase, Sewer laterals with two-way cIeanouts behind the curb shall be installed to each lot or site before the streets are surfaced, 4. STORM DRAINAGE: A. GENERAL: Storm drains in the private street/courts/driveways shall be privately owned and maintained. The tentative map shows all of the storm drainage from this site being connected to the storm drain line on the north side of the First Street. In accordance with the standard condition B-2 of the City of Livermore Development Plan Check and Procedures Manual, a storm drain study must be submitted with the first plan check submittal demonstrating that the downstream storm drain system has sufficient capacity for the entire site drainage to drain in accordance with the submitted tentative map. 5 1--1rT" ," T The proposed storm drain crossing of First Street to connect to the existing storm drain facilities on the north side ofFirst Street is an unacceptable alignment as shown on the tentative map. The proposed crossing alignment will create difficulties for future maintenance, cause excessive traffic control for construction and will damage the existing landscaping in the median. The storm drain alignment shall cross the existing roadway at a 90-degree angle to First Street to provide for future maintenance, reduced time for construction and minimal impact to the existing median. A new catch-basin will be required on both sides of First Street in order to provide a connection point and to delineate the private storm drain facility ftom the new storm drain crossing within the public right-of-way of First Street. The new storm drain within the public right-of-way will be maintained by the City of Livermore upon acceptance of the development for permanent maintenance. This site is subject to the National Pollutant Discharge Elimination System (NPDES) Program. Prior to the issuance ofthe initial grading or building pennit, the developer shall provide evidence that the site is covered by the statewide General Pennit to Discharge Storm Water associated with construction activity, This requires confirmation that a Notice ofIntent (N0l) and the applicable fee was sent to the State Water Resources Control Board, In addition, the grading plans need to state: "All grading shall be in accordance with the Storm Water Pollution Prevention Plan prepared by the developer per the Notice ofIntent on file with the State Water Resources Control Board", 5. WATER SUPPLY (CAL WATER): Fire hydrants shall be placed in a public utility easement. Water mains shall be extended across all frontages ofeach phase, Any water service that is to be abandoned or that was previously stubbed out to the site but will not be used by the development, shall be removed by the developer, 6. UNDERGROUNDING OF UTILITIES: All existing and new electric (with the exception of any 60 KV and higher voltage wires) and communication lines along the project ftontage on Fourth and Wood Streets and within the project shall be placed underground. Electric, gas, AT&T Broadband and Pacific Bell utilities are required and shall be placed in a common trench. All electric transformers shall be placed underground. 7. SPECIAL DISTRICTS: The project proposes to install new street trees along both sides of Fourth and Wood Streets. The Developer shall work with the property owners to approve the locations of the proposed trees and provide the necessary irrigation water and facilities for the proposed trees. If the Developer is unable to reach agreement with the property owners, then the proposed trees shown on the tentative map shall be relocated to an alternative location subject to approval by staff. The proposed quantity oftn~es exceeds the normal street tree requirements and will be required to be maintained by the Homeowners }~ssociation. Private '.vater lines are not permitted to cross public right of 'Nay. Therefore, additional water meters will be required for each ne\v water connection for irrigation of these trees. (Amended by City Council 10/21/02) 6 T'T-1fT" T 8. SUBDIVISION AGREEMENT AND SECURITY: Following tentative map approval, the Subdivision Improvement Agreement will not be submitted to the City Council until the Developer has submitted all of the documents indicated in the "Final Approval of Tract Map Checklist" in the Development Plan Check and Procedures Manual fourteen (14) days prior to the city council meeting at which the fmal map will be considered for fmal approval by the City Council. 9. FEE AMOUNTS: The Developer will be required to pay the applicable development impact fees and project processing fees due in connection with this subdivision, The fee shall be the amount in effect at the time the fee is required to be paid, 10. VEHICLE ACCESS: Access to the development by construction equipment, material delivery and other heavy loads shall be limited by the Developer to the following route: Interstate 580, First Street, Inman Street, Fourth Street Such heavy loads will not be allowed on existing residential streets in the vicinity ofthe development. The wheel-loading on the above routes shall not exceed State load limits. 11. DEVELOPMENTS WITH PRIVATE ROADWAYS AND UTILITIES: The private improvements of the private street system are part of the improvements required of this subdivision, For this reason, the Developer shall pay Engineering Division plan check and construction inspection fees and the City Engineering Division will provide these services. The Developer will also provide subdivision security for the required private improvements. DBM:JCS:TEW S:\Development Section\Planning\T7379 Bancor East Town Village 7 TT-1fT -, T CONDITIONS OF APPROVAL Site Plan Approval 02-009 Development of 68 attached single-family residential units in 14 townhouse buildings landscaping; and appurtenant site and public improvements located at 2911 First Street (bounded by First, Inman, Fourth, and Wood streets) Prepared: September 5, 2002 Approved by Planning Commission September 17, 2002 Approved by City Council October 21,2002 A.PROJECT AUTHORIZATION 1. The project shall be in conformance with all City Ordinances, rules, regulations, and policies, The conditions listed below are particularly pertinent to this permit and shall not be construed to permit violation of other laws and policies not so listed. 2, Approval is limited to the conformance of the land use and the Zoning Code requirements. Use of the property shall be limited to those permitted by the Planned Development-Residential 02-003, as it exists now or may be amended in the future, 3, The permit shall expire unless all building permits required for construction of the buildings are issued by October 21, 2004 (two years after City Council approval date), unless a request for extension is received and approved by the City, B.PROJECT SPECIFIC CONDITIONS Prior to issuance of a Building Permit, the applicant shall demonstrate conformance to the following conditions to the satisfaction of the Planning Division: 1, The applicant shall respond in writing to all conditions contained herein and in attachments to this document. Responses shall clearly describe how each condition has been met. When the response references construction drawings, the page number and detail reference, if applicable, shall be noted. 2. Construction plans shall show at noise impacted living spaces within 120 feet of the centerline of First Street, install windows and glass doors rated minimum Sound Transmission Class (STC) 37, Noise impacted living spaces between 120 feet and 210 feet of the centerline of First Street or within 140 feet of the centerline of Fourth Street shall have windows and glass doors rated minimum STC 30. Noise impacted living spaces beyond 210 feet of the centerline of First Street or beyond 140 feet of the centerline of Fourth Street shall have windows and glass doors rated minimum STC 26, Provide some 1 Y-.'- , 1rT"'" T type of mechanical ventilation. A detailed investigation on noise attenuation measures related to the noise impact of the auto repair facility on the project site shall be conducted and appropriate architectural measures identified and taken to comply with the City's noise exposure standards, 3, The front yard setback of the buildings facing First Street must be noted on the plan, consistent with the Alternate PD standard of a minimum front yard setback of ten feet. The building-to-building setback between Building 3 and Building 5 must be noted on the plan, consistent with the Alternate PD standards of a minimum front-to-side building setback of 20 feet. The building-to-building setback between Building 7 and Building 9 must be noted on the plan, consistent with the Alternate PD standard of 20 feet. 4, The Site Furnishings/Details sheet incorrectly identifies the transportation kiosk as a mailbox kiosk" - this minor discrepancy should be corrected. 5, A sample of the proposed paint color for the wood trellises and kiosks should be provided for review and approval by the Planning Division, 6. The plans must be revised to specify the planting of 24-inch box red oak trees as street trees on the south side of Fourth Street and these trees must be added to the Plant List. If the applicant is unable to reach agreement with the property owner(s) for the planting of the trees, then the proposed trees shall be relocated to an alternative location subject to approval by staff, 7. The trees in the landscape median in the driveway off Fourth Street should be removed or relocated from the site plan and landscaping plan and replaced with low shrubs or groundcover no higher than three feet. 8. Streetlights matching the ones specified for First Street should be installed along the site frontage in the Fourth and Wood street rights-of-way, 9, The pedestrian pole light should be added to the Site Furnishings Schedule and details of the proposed lights should be provided for review and approval by the Planning Division, C.GENERAL CONDITIONS OF APPROVAL 1, Development shall conform to the attached Engineering Considerations dated 9/11/02, 2, This Site Plan Approval Permit is not an authorization to commence construction, Building construction, alterations, repairs, sign erection, or occupancy shall not be permitted without prior approval of the Building Division through issuance of any required permits. 2 wr",.'- .. 1\"r"""'T 3. Development shall conform to the Site Plan designated by the City as Exhibit B-1, Exhibit B-1 shall consist of the submitted plan amended by the applicant to reflect any changes indicated above in the Project Specific Conditions or required by the City in the approval process, The applicant shall submit any required amended plans to the Planning Division within 90 days of project approval. 4. The development impact fees and project processing fees due in connection with this permit shall be based upon the fees in effect at the time the fee is paid, 5, Minor amendment to the permit may be approved by the Planning Division, provided the permit is still in substantial conformance with the original approval. 6. All on-site landscaping included in the proposed Landscape Plan (Exhibit D of Planned Development-Residential 02-003) shall be installed by the project developer prior to final building permit approval. 7, The project shall be subject to the additional Conditions of Approval, which are contained in the City of Livermore Standard Zoning Conditions (attached). D.FIRE Development shall conform to the attached Fire Department Memo dated May 17, 2002. E.POLICE The project shall be required to conform to the provisions of the security section of the Livermore City Code. 3 1-- '1fT' -'1 A. B. CONDITIONS OF APPROVAL Tentative Tract Map 7379 Location: 2911 First Street (bounded by First, Inman, Fourth, and Wood Streets) Prepared: September 5, 2002 Approved by Planning Commission September 17, 2002 Approved by City Council October 21, 2002 PROJECT AUTHORIZATION 1,The project shall be in conformance with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this permit and shall not be construed to permit violation of other laws and policies not so listed. 2,Approval is limited to the conformance of the land use and Planned Development- Residential 02-003. Use of the property shall be limited to those permitted by the Livermore Planning and Zoning Code as it exists now or may be amended in the future. 3.The tentative tract map shall expire unless a final map is filed by October 21, 2004, unless a request for extension is received and approved by the City, PROJECT SPECIFIC CONDITIONS Prior to issuance of a Final Map, the applicant shall demonstrate conformance to the following conditions to the satisfaction of the Planning Division: 1.The applicant shall respond in writing to all conditions contained in this document and its attachments. Responses shall describe how the condition has been met and shall, where applicable, direct the plan checker to the page and/or drawing detail that demonstrates compliance with the condition. A copy of these responses shall be provided with each set of improvement plans. 2,The development of this project shall conform to the standards of Planned Development-Residential 02-003 and all applicable sections of the Livermore Planning and Zoning Code as is exists now or may be amended in the future. 1 T"'r'. ..'1fT'" "T IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION AUTHORIZING CONVEYANCE TO THE CITY OF LIVERMORE OF PROPERTY, INTERESTS, AND OBLIGATIONS OF THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND HAVE RECORDED ALL NECESSARY TRANSFER DOCUMENTS The City of Livermore City Council (City Council) established the City of Livermore Redevelopment Project Area (Project Area) and adopted the Redevelopment Plan for the Project Area (as subsequently amended, Redevelopment Plan). The Redevelopment Agency of the City of Livermore (Agency) is a redevelopment agency formed, existing, and exercising its powers pursuant to California Community Redevelopment Law, Health and Safety Code section 33000 et seq. (CRL). The Agency owns 30 parcels located within the downtown area and the Railroad Depot building (20 South L Street), which is on one of the parcels, all the aforementioned property comprising the "Property." The parcels are located throughout the Agency's Redevelopment Project Area. The parcels and their sizes are shown in the attached parcel map and list as Exhibit A. Government Code section 65402 requires that no real property shall be acquired or disposed of by a public agency until such acquisition or disposal is submitted to and reported upon by the planning agency regarding conformity with the General Plan; the Livermore Planning Commission is the planning agency for the City; and on March 15, 2011, the Planning Commission determined that the transfer of property from the Redevelopment Agency of the City of Livermore to the City of Livermore is consistent with the Livermore General Plan. The City Council is satisfied with the findings of the Planning Commission contained in Resolution No. 08 -11, attached as Exhibit B, and adopts the same by reference. CRL section 33433 provides that prior to a redevelopment agency's transfer of property acquired with tax increment funds: (i) the Agency must prepare and make available to the public a report (section 33433 Report, attached as Exhibit C) describing the terms of the sale and development of the property, (ii) the legislative body must hold a public hearing following notice, and (iii) the legislative body must approve the conveyance by a resolution adopting specified findings. The Agency has caused a section 33433 Report to be prepared, and the Agency and the City Council have caused notice to be published and have conducted public hearings in accordance with all legal requirements. RESOLUTION NO. 2011 -041 The Agency has approved the section 33433 Report, has approved the transfer of the Property to the City, and has adopted the findings required by section 33433 of the Health and Safety Code. The transfer price for the Property will be the fair reuse value. A Final Subsequent Environmental Impact Report was previously certified under the provisions of the California Environmental Quality Act (State Clearinghouse Number 2008092085). NOW, THEREFORE, the City Council of the City of Livermore resolves that: The transfer of the Property from the Agency to the City of Livermore (City) will assist in the elimination of blight and provision of housing for low- or moderate - income persons. The conveyance of the Property from the Agency to the City is conditioned upon the properties' redevelopment and use by the City in conformity with and in furtherance of the redevelopment plan which includes continued elimination of blight and provision of housing in the downtown area. The transfer of the Property from the Agency to the City is consistent with the implementation plan adopted pursuant to section 33490 and will ensure continued implementation of the City and Agency mission to revitalize downtown. The transfer of the Property from the Agency to the City is approved. The City Manager is authorized to execute and have recorded a property conveyance agreement or agreements with the Agency necessary to transfer the Agency's property to the City, and such other documents as may be necessary to transfer the property from the Agency to the City. Likewise, the City Manager is authorized to execute and have recorded all assignment and assumption agreements with the Agency for the City to assume the Agency's and obligations related to leases for the Property, and such other documents as may be necessary to assign the Agency's interests to the City. The City Manager is also authorized to establish jointly with the Agency Executive Director a segregated account in which to hold Agency assets until such time that any potential litigation testing the validity of state legislative action curtailing the authority or dissolving the Agency runs its course. If any provision of this resolution is held invalid, the remainder of this resolution shall not be affected by such invalidity, and the provisions of this resolution are severable. This resolution shall be effective on the same date as.it is approved. 2 RESOLUTION NO. 2011 -041 On the motion of Mayor Kamena, seconded by Vice Mayor Marchand, the foregoing resolution was passed and adopted on the 22 " day of March, 2011, by the following vote: AYES: Councilmembers Leider, Williams, Vice Mayor Marchand, Mayor Kamena NOES: None ABSENT: Councilmember Horner ABSTAIN: None ATTEST & DATE: CITY CLERK SUSAN NEER APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY JASON ALCALA DATE: March 23, 2011 3 RESOLUTION NO. 2011 -041 t i 0- (Z co { rr 1 ll r 1 7 l j t i t 1 i -- J j 1- 11I 1 I -a i ._..J s -_ t 1 tiw fry, .- ....- ......- 1..- \ fa 4,. , i-y \ \' , ' 1 ,f t _ 9 1 , - y _ - - , -' r `' V ._ .t t r r \ t \..S ' t . .t. `' } -! r - ...- Z ' S- \ ; q, C -t , ;...,.._- e 1, I `' {\- + , 1 J r ^ yw r 5.,._; f -e..i .'•',^ " . ,..` \ t. '+ . s -/ 1 ` , i r } ' c ' \ \" A \ .t,,r , 1 \ ' \? . t .' \.. to r K \ , '' ` J \ ., 5 '' a ` •. , 0— \ , \ _/. ".-\ ', a r R r ,1 \ i L ) wa. " V \ \ \ \ \ \. \\ \ si ', t ` .'\ , l 4 /: !\ /ti ^ // r•r 1 ' 1. ,' :,,, ` 111 r t 1 4 ` , 1 -_'\ o _ i ,F , L° \ \\,\ \ i k- t k-._ --4 ` - f + f . / ! • \ `y l ! . r 1, `--': l .,.1 \ ,_\ r ,`\ \ , - ` \ ' ! i, % - t l .' r I /\ .---\ \ \ e y 1 ."'t \ ' \ \ _t \ \ \ ,, t \ " \ 1i ,_.. _. _ 1 r .. i y I , \ .a \ l-, i ..r" 1\ , \ \'" , ,;„r' r \ ,,,"\ \ - ` \ \ \ ;1 (' \ L r ` \ t•' 1: \\ \ - f 7 t 4 l . \`I; \ \` \ `:mayll `` 1 I , .. ` t , .,/ .S c..7 \ , I 1 , , C \l, , a \ , ..... \ t \ \ \\_ \'. , \ \ Y S - \ k -- '\ f y r --ry 1 \. \ \ j - \ ' °\ \ \` l "\ \ \ \ -,- -mil \ \ \. l \ C -` ' s _ \ \ \ \, , \ -:t 1 1 . i '; .. ' . \ \ - i t yam.., l ,- \, \J \ ;. F - +1 , `\ l- -' \ . J,, \ --\ i U ..:- 'C\ - Ays -y i i ." a ._..= i ,r ^' )_ a'\ a", - - \ \S •, \\ , t \ - _> u\;=\ vl Gam -\ , - _ tty" \+ \ Kam t 1 \ \i \ e. \ \ °; 1 \ \ i i A \ t\ . , , \ \ `.r"\ \ . 1. \ \, t r .\ \ y r'r ..,,+ f ••. , i' sue, \ \ \ r,. \ : \- - \ ..r '' L.- \\: `_ " \\ 1 \ , t "' -'\ \ : \ ` c \ 4 . \ 1 , r . 1 .,.,. ,,,,;, .y • \_ . \ \_ - \ . \' ,,. ' - •t .\ \ \.. - 1 `ems n + ` - j'`rL ' _ i /s "S \` \ \ - -\ \\ \ -^ t-'N \l J ,\ \ \ y ... \ \ f " ( •;;'\ lr , r "° r l ;'\ .-- i ` '. \ wy: r \:` \ J , . Y. \ l \ .i _"\ / \ t ' \ ' - , \ l 1 ` -' l ,', t '. \ / .._.._... _ is - ,,, 'i,..^ ..:.. \ \, \ r r 'C \ J \ \1 'S _ l ! 4 \,.. (;' - \ , \ \ - t. - \ i1. l r r \ i if' -- v t 1 - 1 V ",, a\ A \' r . r vfr1 — , 1 t y r - j y L Y a \ \l i, " >, y t '` a \ \ 1 \ S , \ .. '' d , L i ` y \ \ 1 , l ;K ,-. _ `• --,. _ _, ` t '11 r t \ \ _ i x i ._ _ , f i ' \ -', , \ ', " - I ,, t ' Y , t i--- `. " _ s , , \. 1. f ', f { Ca _ j ' __.i % ? t \ \ f I s _ a 6 + - + j,_,F a \`'` % ...__. _.. 1. • { '" i , ...r... t „ .: f I t .. , 1 f ` !v \, • . ' r F ` 3 ! t \tt T ' `` \ j, S -S _a ' t r a q , i 1 - ' ; L ,—, ; - - ,---- --- ;T -'r , l - , I'1 - -- - - -- ----,--, -. -- !4 l , " I I i f t S -- J / A.. v, s , l t r T` \\ -? \ js 1 ' } t i+\ % t.. T" i r f t t S iffIY. 1 I r _ i ! \ 1 -- \ 1 r y Exhibit A aaa.aan.aaa.aa.aaaaaa.aatL L 0 0 0 0 0 O 0 0 L 0 L 0 0 L L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 CL 0 0 0 0 U U U U U U U U U U U U U U U U U c c c c c cn c c c c c c c c c c c c U)U)c c c c 33333 3 H3333333333F-F-3333cWcW D in O O w w w W W W W W W W W W JW w aaa W WaQa00W F-F- co co 0 00 F - FO a Z F-I WU)U)0F-- a a a 2 OOOHf-2 a a a Z Z2HF'-IZzJJ F F nFJJn F -F- fn n J WW J Of n WtnWW<<JJ F- NCnNZZLrLrZZZZZLUUfn 0W F-J F-Z qJ J J qJ w w J F-F^F-o a) W w W N O O O LO CO LO I tt d M co r N r It N d' 00 r O LC) O U') O co M O In co l!7 N O CO O LO O W O O E O N O N r- N CO M N N N It N V) N r r N O N CO r co r NT N ct N N n z U U U U U U U U U U U U U U U U U U U U U U U U U U U U U Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z r r ff r rr r r r r rr rr rr r aaaaaaaaaaaaaaaaaaaaaaaaaaaaa F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F zzzzzzzzzzzzzzzzzzzzzzzzzzzzz wwwwwwwwwwwwwwwwwwwwwwwwwwwww 000000000000000000000000000000aa.aaa.as.aaaaaaaa.aa.ria.aa.aa.aaa EM JW J W I W J W J W J W J W J W J W J W J W J W J w J W J W I W J_ W 1 W J W J W J W J W J W J W J W J W J W J W J wZ W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W c 3:W W W W W W W W W W W W W W W W W W W W W W W W W W W W W r 0 N 0 0 0 0 0 t 0 O 0 O 0 O 0 M 0 tT 0 N 0 M 0 d' 0 N 0 r 0 N 0 M 0 00 0 r 0 O 0 00 0 fl- 0 V-- 0 O 0 O 0 N 0 N 0 O 0 O 0OCO CO M 00 M M r N 1 00 00 r N N 00 00 N N N CO r M CO O O L1 CON O N O M O O O O O r O r O 0 O 0 O 0 O O O O 0 O 0 O 0 O 0 O O O O O r- O r O C) O r O r O N O N O M O N O N O V-- O r O r O M r r M O O r N LO 0 Lf) 0 Ln 0 CO O O O fl O W 0 M 0 CO 0 00 O M O 00 O CO O M O O O M N O f- O Imo- O NO InN U) N0 0 0 0 0 0 0 0 O 0 r 0 r 0 r 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 N 0 d' 0 CT 0 t 0 V 0 r 0 r 0Zti ti N f--N I--N N M w 00 m a0 00 m w w 00 00 00 00 w 00 w m w w m OaOOOOOO O O O O 07 O O O O CA O CA O O O C O C O O O O Oz:a O O.O O 0 O.O O.O O O.O O O C)CD Cl -O.0 0 0 0 0 0 0 0 0 0 0 t`00 O O r N M V O N 00 O O r N CO t Ln CO ti CO CA r r r r r r r r r r N N N N N N N N N N O L4- 0 CL 0 a 0 IN THE PLANNING COMMISSION OF THE CITY .OF LIVERMORE STATE OF CALIFORNIA A RESOLUTION APPROVING Consistency Determination 11 -001 General Plan Consistency Determination for the disposition and acquisition of 31 parcels and the Railroad Depot Building located in Downtown Livermore WHEREAS, the Planning Commission, as the City's planning agency, is required by Government Code Section 65402(a) to determine the consistency of the acquisition or disposition of real property and easements for public purposes; and WHEREAS, the Planning Commission reviewed the Goals, Objectives, Policies, and Actions of the City of Livermore General Plan, considered the staff recommendation for consistency, and finds that the disposition of 31 parcels and Railroad Depot building by the Livermore Redevelopment Agency and the acquisition of said parcels by the City of Livermore will not change the General Plan land use designations nor the present or prospective land use of the affected properties and therefore will not interfere with and will enable continued implementation of General Plan policies promoting downtown revitalization and redevelopment, historic preservation, economic development, tourism, fiscal health, and (in relation to the two open space designated parcels) public safety, and is therefore consistent with the General Plan. BE IT RESOLVED by the Livermore Planning Commission that the disposition of 31 parcels and the Railroad Depot building by the Livermore Redevelopment Agency and the acquisition of said parcels and Railroad Depot building by the City of Livermore,.as shown in the attached Exhibit, is determined to be consistent with the City of Livermore General Plan. On the motion by Commissioner Lea, seconded by Commissioner Woerner, the foregoing Resolution was adopted at the Planning Commission meeting of March 15, 2011, by the following vote. AYES:COLE, LEA, PANN, STORTI, WOERNER NOES:NONE ABSENT:NONE Todd Storti, Acting Chairperson by Fred Osborn, Planning Manager Secretary to the Planning Commission EXHIBIT B _1- Resolution No. 08 -11 SUMMARY REPORT PURSUANT TO SECTION 33433 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW ON A PROPOSAL TO DISPOSE OF ALL PROPERTIES OWNED BY THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE AND TO TRANSFER OWNERSHIP THEREOF TO THE CITY OF LIVERMORE I. INTRODUCTION The California Health and Safety Code, Section 33433, requires that if a redevelopment agency wishes to sell or lease property to which it holds title and if that property was acquired in whole or in part with property tax increment funds, the agency must first secure approval of the proposed sale or lease agreement from its local legislative body after a public hearing. A copy of the proposed property conveyance agreement and a summary report that describes and contains financing elements of the proposed transaction will be available for public inspection prior to the public hearing. As contained in the Code, the following information will be included in the summary report: 1. The cost of the agreement to the redevelopment agency, including land acquisition costs, clearance costs, relocation costs, the costs of any improvements provided by the agency; 2. The estimated value of the interests to be conveyed, determined at the highest and best use permitted under the redevelopment plan; 3. An explanation of why transfer of the parcels will assist in the elimination of blight, as required by Section 33433; and This report outlines the salient parts of the proposed Property Conveyance Agreement Agreement ") by and among the Redevelopment Agency of the City of Livermore ( "Agency ") and the City of Livermore ( "City ") for the transfer of RDA -owned properties to the City. Such action is necessary in order to protect the RDA's assets in the face of a threatened elimination of redevelopment agencies by proposed state legislative action (AB 101). The conveyance of the properties from the Agency to the City is conditioned upon the properties' redevelopment and use in conformity with the redevelopment plan. This report is based upon information in the proposed Agreement and is organized into the following six sections: 1. Summary of the Agreement — This section includes a description of the parcels to be conveyed, the mechanics of the transfer from the Agency to the City, and the responsibilities of the City following the transfer. 2. Cost of the Agreement to the Agency — This section outlines the cost of the Agreement to the Agency for costs associated with the Agreement between Agency and the City. 3. Estimated Value of the Interest to be Conveyed — This section summarizes the value of the interests to be conveyed to City. Exhibit C 4. Consideration Received and Reasons Therefore — This section describes the consideration to be paid by City to the Agency. 5. Elimination of Blight — This section includes an explanation of why the transfer of the parcels will assist in the elimination of blight. 6. Conformance with Five -Year Implementation Plan— This section describes how the Agreement is in conformance with the Agency's Five -Year Implementation Plan. II. SUMMARY OF THE PROPOSED AGREEMENT A. Description of the Parcels and Project Parcels The parcels are located in throughout the Agency's Redevelopment Project Area. The parcels and their locations are identified in Attachment 1". Project In the proposed 2011/2012 state budget, Governor Brown has recommended that legislation be enacted to eliminate all redevelopment agencies in California as of July 1, 2011. It is proposed that a successor agency be established (governed by an oversight committee) to continue to administer payment of the Agency's contractual obligations but is otherwise charged with wrapping up the affairs of the Agency. Only one member of the oversight committee would be appointed by the City Council, with the remainder of the committee comprised of representatives of Alameda County and education. If this legislation is enacted, It is assumed most of the Agency's assets would be disposed of and the proceeds distributed to the various taxing entities within the project area. Redevelopment law permits the Agency to delegate to the City any of the powers or functions of the Agency relative to the planning or undertaking of redevelopment projects in an area in which the City is empowered to act. The City, in turn, is authorized to carry out or perform powers and functions relating to the implementation of its General Plan and Downtown Specific Plan. For the purposes of aiding and cooperating with the Agency, the Agency may convey property it owns to the City, without consideration, for future redevelopment by the City. The Property Conveyance Agreement will transfer Agency -owned property to the City for future redevelopment. In the likely event AB 101 is enacted, failure to transfer the properties of the RDA could remove these important parcels from the redevelopment project area where the parcels, taken together, comprise a cohesive plan of development. For example, the Livermore Village site is comprised of parcels which, if developed pursuant to the Redevelopment Plan and the Downtown Specific Plan, will support the development of a regional performing arts theater, mixed use housing units, public plazas and a parking garage. If the parcels were turned over to a successor agency governed by an oversight committee, the prospect that the Livermore Village site will be developed as a cohesive planned project are significantly diminished due to the fragmentation of the parcels. B. Summary of Proposed Transaction Under the proposed Agreement, the Agency will convey RDA -owned parcels ( "Affordable Housing Properties ", "Tax Allocation Bond Properties" and "City Properties Held in Trust by Agency ", collectively "Parcels ") and assign current leases to the City and the City will acquire the parcels and assume the leases from the Agency. The Agency is conveying the Parcels, the Train Depot building and leases to the City in consideration for the City's commitment to use the Property and Train Depot Building in compliance with the Redevelopment Plan and to use its best efforts to retain the successfully completed redevelopment projects that are now in place on the Parcels. C. Agency Responsibilities The Agency agrees to transfer the title to the parcels by Grant Deed and shall assign the leases pursuant to an Assignment of Lease. Title to the train depot on the former Lucky's site will be transferred from the Agency to the City by bill of sale. The Agency shall pay all costs of conveying the property interests to the City. D. City Responsibilities The City agrees to use the property in compliance with the Redevelopment Plan and to use its best efforts to retain the successfully completed redevelopment projects with the Project Area and subject to the Conveyance Agreement. III. COST OF THE AGREEMENT TO THE AGENCY This section presents the total cost of the Agreement to the Agency, as well as the "net cost" of the project after consideration of the project revenues. The net cost can be either an actual cost, when expenditures exceed receipts, or a net gain, when revenues created by implementation of the Agreement exceed expenditures. A. Estimated Cost to the Agency The Agency has incurred costs to date associated with land acquisition, relocation expenses, demolition, and site delivery costs. Net Present Value Acquisition Costs: $12,858,171 Relocation, Demolition Development: $12,887,528 Total Costs: $25,745,699 B. Revenues to the Agency The Agency revenues include: The Agency will receive no revenues in exchange for this transfer. C. Net Cost to the Agency Net Present Value Total Costs: $25,745,699 Revenues: $0 Net Cost to Agency (Costs less Revenues): $25,745,699 IV. VALUE OF THE INTEREST TO BE CONVEYED Value at Highest and Best Use Staff has also estimated the value of the interest being conveyed to the City if sold by the Agency at its highest and best use allowed under the Redevelopment Plan. The highest and best use must satisfy zoning, building codes, market conditions, and the Agency requirement that new investment occur within a set timeframe, e.g., speculation is not allowed. Each property and description is included below: Project Descriptions and Subiect Properties Livermore Village Parking Garage Parcel Assembly Property Addresses Current Use 50 S.L Street ' Retail Shopping Center 62 -90 S.L Street Restaurant Purchase Price 1,305,000 2,180,000 Highest and Best Use Estimate The Agency plans to redevelop the existing parcels into a second public parking garage to serve the Regional Theater, Livermore Village site and First Street businesses. Estimated Highest and Best Use Value: $3,500,000 Livermore Village Site Traffic Access and Circulation Property Addresses Current Use Purchase Price 39 -43 S. Livermore Ave (portion) Parking lot $288,850 2056 First Street (portion) Vacant lot $170,000 Highest and Best Use Estimate The Agency plans to redevelop the existing parcels to provide traffic access and circulation to the Livermore Village site. Estimated Highest and Best Use Value: $460,000 Second Street Public Parking Property Address Current Use Purchase Price 2164 Second Street Parking lot $225,000 Highest and Best Use Estimate Property was redeveloped in 1991 to provide a public parking lot downtown. Estimated Highest and Best Use Value: $560,000 Savannah Terrace Affordable Housing Unit Property Address Current Use Purchase Price 318 S. Livermore Ave Unit #112 Housing $238,627 Highest and Best Use Estimate The City plans to sell the condominium unit to an income qualified, disabled homebuyer through the Below Market Ownership Housing Program. Estimated Highest and Best Use Value (Appraised Value): $249,000 Downtown Public Parki Property Address 2350 Railroad Avenue APN(98- 26 -18 -4) I Street (APN 98- 28 -1 -2) 1 Street (APN 98- 28 -2 -1) 159 N. I Street ng Garage at Transit Center — Phases 1 &2 Current Use Purchase Price Public Parking Garage $2,113,008 (all parcels) Public Parking Garage Vacant Vacant Vacant N.Livermore Ave (APN 98- 28 -2 -1) N Livermore Ave (APN 98- 28- 9 -12 -6) Highest and Best Use Estimate The properties were acquired by the Agency in'2005. Two sites redeveloped as the first of a two phase parking garage complex. Estimated Highest and Best Use Value: $16,700,000 Livermore Valley Center — Bankhead Public Plaza & Pedestrian Walkway Access Property Address Current Use I Purchase Price 30 S. Livermore Avenue Public Pedestrian Path & Parking lot $5,221,362 2450 First Street Bankhead Plaza & Walkway 2490 First Street Rear of Bankhead Plaza /walkway APN 98- 4- 7 -3 -2) Highest and Best Use Estimate The Livermore Valley Center and Public Plaza project required the acquisition, assembly and Brownfields clean -up of several underutilized existing automotive and commercial parcels into a performing arts, retail center and public plaza. Estimated Highest and Best Use Value: $10,750,000 Livermore Valley Center Future Hotel Site Property Address Current Use Purchase Price 2490 First Street (portion) Automotive Repair $1,117,174 (portion) APN 98- 4- 7 -29 -2) Highest and Best Use Estimate The properties were acquired by the Agency to facilitate development of a hotel in the downtown core. Estimated Highest and Best Use Value: 1,600,000 V. CONSIDERATION RECEIVED AND REASONS THEREFORE The Agency is conveying the Parcels, the Train Depot building and leases to the City in consideration for the City's commitment to use the Property and Train Depot Building in compliance with the Redevelopment Plan and to use its best efforts to retain the successfully completed redevelopment projects that are now in place on the Parcels. The Agency and City contemplate that the City's loan to the Agency for the City Liened Affordable Housing Properties see Agreement) will be repaid from the proceeds from their disposition and development. However, if those liens are not repaid, or the property is used for any redevelopment consistent with the redevelopment plan, the Agency shall remain responsible for repaying the principal and interest on the loan to the City. VI. ELIMINATION OF BLIGHT The Livermore Redevelopment Agency was established on September 24, 1981 to improve the social, physical, and economic conditions of the Downtown Central Business District. Conditions existing in the Downtown included a loss of business to suburban retail centers, a high vacancy rate in parts of the Downtown, development of parcels created by the railroad realignment through the Downtown, parking problems, poor planning, and urban design. In an effort to overcome these obstacles, the City Council adopted the Downtown Redevelopment Plan in July of 1982. The Plan, developed by the City's Redevelopment Agency is directly related to the development objectives of the Livermore General Plan and the Downtown Specific Plan adopted by the City Council on February 9, 2004 and amended on March 30, 2009. Both the Redevelopment Plan and the Downtown Specific Plan consist of a comprehensive and coordinated process aimed at eliminating deterioration and blight, and promoting and enhancing economic revitalization in the City's main commercial areas. The transfer of the parcels from the Agency to the City will ensure that, in the event the legislature eliminates redevelopment agencies within the state as anticipated, redevelopment within the project area can continue. Future development within the project area will play a key role in the elimination of blight — both physical and economic — in the Project Area and directly addresses important Redevelopment Plan goals as discussed below. To reinforce and enhance the vitality of the downtown as a public and commercial center for Livermore, the Agency made a substantial investment in the revitalization effort to create a downtown core that serves as both a daytime and nighttime activity center. The revitalization effort includes the development of cultural, art, entertainment, commercial, and residential components. The Agency has determined that implementation of the Redevelopment Plan will assist in the removal of blight by development on underutilized sites; the creating of public spaces; the strengthening of Downtown Livermore as a regional destination. location in Livermore; and by providing a catalyst for additional private investment in the Downtown Area. Continued implementation of the Redevelopment Plan will increase employment, both during construction phases and thereafter. Some parcels subject to the transfer are currently vacant, creating a negative impact on the Project Area and impeding the full realization of investments the City and Agency have made to the Project Area and the Downtown. Therefore, redevelopment within the Project Area will help eliminate blight in the Project Area by ameliorating a physically and economically blighting influence on the Project Area. Thus, the Agency is entering into this Agreement in order to achieve its objectives to stimulate further development in the downtown area and remove blight in the downtown area. VII. CONFORMANCE WITH FIVE -YEAR IMPLEMENTATION PLAN Livermore's Redevelopment Agency was created consistent with State Law in July 1982. The purpose of the Agency is to remove blight and assist with the redevelopment and revitalization of the Project Area. State Law requires that the Agency adopt a series of Five Year Implementation Plans. The current Plan covers the period from 2009 to 2014 and the activities that the Agency undertakes during that period must be generally consistent with the Five Year Plan. The Five Year Implementation Plan includes many goals to facilitate the development of a variety of projects within the Project Area. The current Five Year Implementation Plan was developed in 2009 and is coordinated with the Downtown Specific Plan. The Downtown Specific Plan is designed to provide both land use and revitalization strategies to help implement the Five Year Plan. The primary intent of the Downtown Specific Plan area is to promote the continued development and revitalization of the City's pedestrian- oriented downtown, providing unique shopping, dining, entertainment, residential, and investment opportunities. Table of RDA Properties Subject to 33433 Report APN Address Street Location Description Parcel Size s.f. 097 0001'02601 62 -90 S L ST Dominoes /Meat MarkeUBottle Book 5,765 097 000102602 •50 S L ST KFC 16,814, 097 -0001 -031 portion)39 -43 S Livermore Ave parking lot north of 39 S. Livermore Ave 5,278 097 000103600 2068 First Street Back of Corbett Parcel 3,570 097 001400304 2164 Second Street Chamber Parking Lot 11,379 097 010801800 318 S Livermore Ave Savannah Terrace Unit #112 800 098 026001702 2418 Railroad Ave Parking Structure 55,470 098 026001803 2350 Railroad Ave Parking Structure 40,839 098 026001804 Railroad Ave Parking Structure - sliver at rear 500 098 028000102 N I ST `I Street Vacant 6,000 098 028000201 N I ST I Street Vacant 7,500 098 028000202 159 N I ST I Street Vacant.7,500 098 028000803 N Livermore Ave I Street Vacant - 2116 Railroad .2 098 028000808 N Livermore Ave I Street Vacant - 2116 Railroad 1,747 098 040701300 30 N Livermore Ave LVC Pedestrian Access Pathway 4,443 098 040702600 2450 Railroad Ave Bankhead Plaza & Walkway 27,922 098 040703002 2490 First Street Back of Bankhead at pathway 4,732 098 040702902 2490 Railroad Ave Hotel - 2205 Railroad 36,848 Livermore Village Parking Structure Phase 1 Parking Structure Phase 2 Livermore Valley Center IN THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION ACKNOWLEDGING THE COMPLETION AND AVAILABILITY MADE TO THE PUBLIC OF THE REPORT REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 33433 PRIOR TO THE HEARING AT WHICH THIS RESOLUTION IS ADOPTED; APPROVING THE CONVEYANCE TO THE CITY OF LIVERMORE OF PROPERTY, INTERESTS AND OBLIGATIONS OF THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE; AND AUTHORIZING THE AGENCY EXECUTIVE DIRECTOR TO EXECUTE AND HAVE RECORDED ALL NECESSARY TRANSFER DOCUMENTS The Redevelopment Agency of the City of Livermore (Agency) is a redevelopment agency formed, existing and exercising its powers pursuant to California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. (CRL). The City of Livermore City Council (City Council) established the City of Livermore Redevelopment Project Area (Project Area) and adopted the Redevelopment Plan for the Project Area (as subsequently amended, Redevelopment Plan). The Agency owns 30 parcels located within the downtown area and the Railroad Depot building (20 South L Street), which is on one of the parcels, all the aforementioned property comprising the "Property." The parcels are located throughout the Agency's Redevelopment Project Area. The parcels and their sizes are shown in the attached parcel map and list as Exhibit A. Government Code section 65402 requires that no real property shall be acquired or disposed of by a public agency until such acquisition or disposal is submitted to and reported upon by the planning agency regarding conformity with the General Plan; the Livermore Planning Commission is the planning agency for the City; and on March 15, 2011, the Planning Commission determined that the transfer of property from the Redevelopment Agency of the City of Livermore to the City of Livermore is consistent with the Livermore General Plan. The Agency is satisfied with the findings of the Planning Commission contained in Resolution No. 08 -11 attached as Exhibit B and adopts the same by reference. CRL section 33433 provides that prior to a redevelopment agency's transfer of property acquired with tax increment funds (i) the agency must prepare and make available to the public a report (section 33433 Report, attached as Exhibit C) describing the terms of the sale and development of the property, (ii) the legislative body must hold a public hearing following notice, and (iii) the legislative body must approve the conveyance by a resolution adopting specified findings. The Agency has caused a section 33433 Report to be prepared, and the Agency and the City Council have caused notice to be published and have conducted public hearings in accordance with all legal requirements. RESOLUTION NO. RA- 2011 -05 The Agency acknowledges the completion of the section 33433 Report and its availability made to the public prior to the hearing at which this resolution is adopted, and herein adopts the findings required by. section 33433 of the Health and Safety Code. The transfer price for the Property will be the fair reuse value. A Final Subsequent Environmental Impact Report was previously certified under the provisions of the California Environmental Quality Act (State Clearinghouse Number 2008092085). NOW, THEREFORE, the Redevelopment Agency of the City of Livermore finds and resolves that: The transfer of the Property from the Agency to the City of Livermore (City) will assist in the elimination of blight and provision of housing for low- or moderate - income persons. The conveyance of the Property from the Agency to the City is conditioned upon the properties' redevelopment and use by the City in conformity with and in furtherance of the redevelopment plan which includes continued elimination of blight and provision of affordable housing in the downtown area. The transfer of the Property from the Agency to the City is consistent with the implementation plan adopted pursuant to section 33490 and will ensure continued implementation of the Agency mission to revitalize downtown. The transfer of the Property from the Agency to the City is for consideration that is: not less than the fair reuse value at the use and with the covenants and conditions and development costs authorized by the transfer. The transfer of the Property from the Agency to the City is approved. The Executive Director is authorized to execute and have recorded a property conveyance agreement or agreements with the City necessary to transfer the Agency's property to the City, and such other documents as may be necessary to transfer the property from the Agency to the City. Likewise, the Executive Director is authorized to execute and have recorded all assignment and assumption agreements with the City for the Agency to assign its interests and obligations related to leases for the Property, and such other documents as may be necessary to assign the Agency's interests to the City. The Agency Executive Director is also authorized to jointly establish with the City Manager a segregated account in which to hold Agency assets until such time that any potential litigation testing the validity of state legislative action curtailing the authority or dissolving the Agency runs its course; 2 r RESOLUTION NO. RA- 2011 -05 If any provision of this resolution is held invalid, the remainder of this resolution shall not be affected by such invalidity, and the provisions of this resolution are severable. This resolution shall be effective on the same date as it is approved. On the motion of Chairperson Kamena, seconded by Vice Chair Marchand, the foregoing resolution was passed and adopted on the 22 day of March, 2011, by the following vote: AYES: Agencymembers Leider, Williams, Vice Chair Marchand, Chairperson Kamena NOES: None ABSENT: Agencymember Horner ABSTAIN: None ATTEST: SECRETARY SUSAN NEER h DATE: March 23, 2011 APPROVED AS TO FORM: ASSISTANT GENERAL COUNSEL JASON ALCALA 3 RESOLUTION NO. RA- 2011 -05 I <I H A LUILLEULTJEI_ L 1 Ill PALM W.1 15040d j 7' Ar- Li A j A I. LLLJ OAP AW" 00-14 TV QQ_ZLMW - I/ WA f TiT3 1. L UWj VV -3 5 Tluh OEMHfai T Hfwii-IJAH T , i j. iJFI F A A Lr Exhibit A A-L,WA JQEAG t r'- low! rn a a a a a a a a a a a a a a a a a a a a a a a a a a a Lpfn to V)n c)U)f)to f)U)U)CO U)U)U)U)Cl)U)U)U)W W W W W 0 0 to 0 m m m CU L0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0 L 0aU U U U U U U U U U U U U U U U U U U U U c c c c c 1 33333F-3FLF-i-3333333333333:c:U) 0 0 010101 w ww w J J w w Q Q Q W W W m m 0 0 0 F-0 f0 z F-F-F F F-F-f- Q 000 Q Q W WQ Q Q Z ZF F-F- J zz J F -fn F fn J J F-F-n n n JJJwwW W oF-W cncncnQ¢F-F- J J n n z J Z to z I J J Q J co n to n tontofnv -NCnNzZ9 W W O O O U) O Lo r- qt d CD M r- It N qt N CO r O U) 0) U) O M M O Ln M Lf) N O M O U) O O O O E O N O N N CO M N N N d' N co N O O CD d n -Z U U U U U U U U U U U U U U U U U U U U U U U U U U U U U z Z z z z z z Z Z z Z z Z Z z Z Z Z Z Z Z Z z z Z Z z Z z W W W W W W W W W W W W W W W W W W W W W W W W W W W W W U'C7(CC7C7U'U'C7 U'C7 C7 C7 C7 U'C7 U'C7 C7 U'CCU'CC7U'U' U'U'aaaaa F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F-F- zzzzzzzzzzzzzzzzzzzzzzzzzzzzz w wcwCcCC C c C C c CwC C C c c c c S C c C cwc c C c C c C 000000000000000000000000000000 a a a a a a a a a a a a a a a a a a a a a a a a a a aaa E MwwwwwwwwwwwwwwwwwwwwwwwwwwwwwJJJ J J J J J J J J J J J J 1 J 1 J J J J J 1 J J J 1 1 ZOwwwwwwwwwwwwwwwwwwwwWWWWWWWWW 3wwwwwwwwwwwwwwwwwwwwwwwwwwwww 0 N 0 O 0 O 0 t 0 O 0 O 0 O 0 Mt Cl 0 N 0 MIt 0 0 N 0 r- 0 N 0 M 0 M 0 0 O 0 00 0 ti 0 0 O CD O a N 0 N 0 O 0 O 0OCDO O M 00 M M r-N 1-00 00 r N N 00 00 N N N(r C7 O O O U)ONNMOOr-D 0 0 T-T-0 0 0 0 0 CD v-0 N N M N NO r- O O O M O et O 00 O O O N O O O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O CT) O M O 0) O 0 O 0 O 1l- O 1` O 1l- O ti O Lo O LnO 0 O 0 O 0 r 0 e O O U)L) N L.C) N O N 0 N 0 N 00 N M N 00 N 00 N 00 N 00 N M N OC) N O N 0) NqzT O O t O KT O t 1 T ti Z 0 1 0 I 0 ti 0 ti O ti 0 ti 00 1--1l- 0 M C7 M 0 m 0 M 0 w 0(D w co 0 m CD 00 0 00 0 a0 0 M 0(D M C* c w 0 w 0 a0 0 w 0 M i 0 m O CAOOOOOO.O-O O O O O-O.O O O O O O O O-O C)O O O O O co mot U')CD 1 00 O O N M Lf)fl ti 00 OINNN N N N N N N cn a E 0 N d CL 0 L a 0 IN THE PLANNING COMMISSION OF THE CITY .OF LIVERMORE STATE OF CALIFORNIA A RESOLUTION APPROVING Consistency Determination 11 -001 General Plan Consistency Determination for the disposition and acquisition of 31 parcels and the Railroad Depot Building located in Downtown Livermore WHEREAS, the Planning Commission, as the City's planning agency, is required by Government Code Section 65402(a) to determine the consistency of the acquisition.or disposition of real property and easements for public purposes; and WHEREAS, the Planning Commission reviewed the Goals, Objectives, Policies, and Actions of the City of Livermore General Plan, considered the staff recommendation for consistency, and finds that the disposition of 31 parcels and Railroad Depot building by the Livermore Redevelopment Agency and the acquisition of said parcels by the City of Livermore will not change the General Plan land use designations nor the present or prospective land use of the affected properties and therefore will not interfere with and will enable continued implementation of General Plan policies promoting downtown revitalization and redevelopment, historic preservation, economic development, tourism, fiscal health, and (in relation to the two open space designated parcels) public safety, and is therefore consistent with the General Plan. BE IT RESOLVED by the Livermore Planning Commission that the disposition of 31 parcels and the Railroad Depot building by the Livermore Redevelopment Agency and the acquisition of said parcels and Railroad Depot building by the City of Livermore,. as shown in the attached Exhibit, is determined to be consistent with the City of Livermore General Plan. On the motion by Commissioner Lea, seconded by Commissioner Woerner, the foregoing Resolution was adopted at the Planning Commission meeting of March 15, 2011, by the following vote: AYES: COLE, LEA, PANN, STORTI, WOERNER NOES: NONE ABSENT: NONE Todd Storti, Acting Chairperson by Fred Osborn, Planning Manager Secretary to the Planning Commission EXHIBIT B -1- Resolution No. 08 -11 SUMMARY REPORT PURSUANT TO SECTION 33433 OF THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW ON A PROPOSAL TO DISPOSE OF ALL PROPERTIES OWNED BY THE REDEVELOPMENT AGENCY OF THE CITY OF LIVERMORE AND TO TRANSFER OWNERSHIP THEREOF TO THE CITY OF LIVERMORE I. INTRODUCTION The California Health and Safety Code, Section 33433, requires that if a redevelopment agency wishes to sell or lease property to which it holds title and if that property was acquired in whole or in part with property tax increment funds, the agency must first secure approval of the proposed sale or lease agreement from its local legislative body after a public hearing. A copy of the proposed property conveyance agreement and a summary report that describes and contains financing elements of the proposed transaction will be available for public inspection prior to the public hearing. As contained in the Code, the following information will be included in the summary report: 1. The cost of the agreement to the redevelopment agency, including land acquisition costs, clearance costs, relocation costs, the costs of any improvements provided by the agency; 2. The estimated value of the interests to be conveyed, determined at the highest and best use permitted under the redevelopment plan; 3. An explanation of why transfer of the parcels will assist in the elimination of blight, as required by Section 33433; and This report outlines the salient parts of the proposed Property Conveyance Agreement Agreement ") by and among the Redevelopment Agency of the City of Livermore ( "Agency ") and the City of Livermore ( "City ") for the transfer of RDA -owned properties to the City. Such action is necessary in order to protect the RDA's assets in the face of a threatened elimination of redevelopment agencies by proposed state legislative action (AB 101). The conveyance of the properties from the Agency to the City is conditioned upon the properties' redevelopment and use in conformity with the redevelopment plan. This report is based upon information in the proposed Agreement and is organized into the following six sections: 1. Summary of the Agreement — This section includes a description of the parcels to be conveyed, the mechanics of the transfer from the Agency to the City, and the responsibilities of the City following the transfer. 2. Cost of the Agreement to the Agency — This section outlines the cost of the Agreement to the Agency for costs associated with the Agreement between Agency and the City. 3. Estimated Value of the Interest to be Conveyed — This section summarizes the value of the interests to be conveyed to City. Exhibit C 4. Consideration Received and Reasons Therefore— This section describes the consideration to be paid by City to the Agency. 5. Elimination of Blight — This section includes an explanation of why the transfer of the parcels will assist in the elimination of blight. 6. Conformance with Five -Year Implementation Plan — This section describes how the Agreement is in conformance with the Agency's Five -Year Implementation Plan. II. SUMMARY OF THE PROPOSED AGREEMENT A. Description of the Parcels and Project Parcels The parcels are located in throughout the Agency's Redevelopment Project Area. The parcels and their locations are identified in Attachment "1 ". Project In the proposed 2011/2012 state budget, Governor Brown has recommended that legislation be enacted to eliminate all redevelopment agencies in California as of July 1, 2011. It is proposed that a successor agency be established (governed by an oversight committee) to continue to administer payment of the Agency's contractual obligations but is otherwise charged with wrapping up the affairs of the Agency. Only one member of the oversight committee would be appointed by the City Council, with the remainder of the committee comprised of representatives of Alameda County and education. If this legislation enacted, It is assumed most of the Agency's assets would be disposed of and the proceeds distributed to the various taxing entities within the project area. Redevelopment law permits the Agency to delegate to the City any of the powers or functions of the Agency relative to the planning or undertaking of redevelopment projects in an area in which the City is empowered to act. The City, in turn, is authorized to carry out or perform powers and functions relating to the implementation of its General Plan and Downtown Specific Plan. For the purposes of aiding and cooperating with the Agency, the Agency may convey property it owns to the City, without consideration, for future redevelopment by the City. The Property Conveyance Agreement will transfer Agency -owned property to the City for future redevelopment. In the likely event AB 101 is enacted, failure to transfer the properties of the RDA could remove these important parcels from the redevelopment project area where the parcels, taken together, comprise a cohesive plan of development. For example, the Livermore Village site is comprised of parcels which, if developed pursuant to the Redevelopment Plan and the Downtown Specific Plan, will support the development of a regional performing arts theater, mixed use housing units, public plazas and a parking garage. If the parcels were turned over to a successor agency governed by an oversight committee, the prospect that the Livermore Village site will be developed as a cohesive planned project are significantly diminished due to the fragmentation of the parcels. B. Summary of Proposed Transaction Under the proposed Agreement, the Agency will convey RDA -owned parcels ( "Affordable Housing Properties ", "Tax Allocation Bond Properties" and "City Properties Held in Trust by Agency ", collectively "Parcels ") and assign current leases to the City and the City will acquire the parcels and assume the leases from the Agency. The Agency is conveying the Parcels, the Train Depot building and leases to the City in consideration for the City's commitment to use the Property and Train Depot Building in compliance with the Redevelopment Plan and to use its best efforts to retain the successfully completed redevelopment projects that are now in place on the Parcels. C. Agency Responsibilities The Agency agrees to transfer the title to the parcels by Grant Deed and shall assign the leases pursuant to an Assignment of Lease. Title to the train depot on the former Lucky's site will be transferred from the Agency to the City by bill of sale. The Agency shall pay all costs of conveying the property interests to the City. D. City Responsibilities The City agrees to use the property in compliance with the Redevelopment Plan and to use its best efforts to retain the successfully completed redevelopment projects with the Project Area and subject to the Conveyance Agreement. III. COST OF THE AGREEMENT TO THE AGENCY This section presents the total cost of the Agreement to the Agency, as well as the "net cost" of the project after consideration of the project revenues. The net cost can be either an actual cost, when expenditures exceed receipts, or a net gain, when revenues created by implementation of the Agreement exceed expenditures. A. Estimated Cost to the. Agency The Agency has incurred costs to date associated with land acquisition, relocation expenses, demolition, and site delivery costs. Net Present Value Acquisition Costs: $12,858,171 Relocation, Demolition Development: $12,887,528 Total Costs: $25,745,699 B. Revenues to the Agency The Agency revenues include: The Agency will receive no revenues in exchange for this transfer. C. Net Cost to the Agency Net Present Value Total Costs: $25,745,699 Revenues: $0 Net Cost to Agency (Costs less Revenues): $25,745,699 IV. VALUE OF THE INTEREST TO BE CONVEYED Value at Highest and Best Use Staff has also estimated the value of the interest being conveyed to the City if sold by the Agency at its highest and best use allowed under the Redevelopment Plan. The highest and best use must satisfy zoning, building codes, market conditions, and the Agency requirement that new investment occur within a set timeframe, e.g., speculation is not allowed. Each property and description is included below: Project Descriptions and Subiect Properties Livermore Village Parking Garage Parcel Assembly Property Addresses Current Use 50 S.L Street Retail Shopping Center 62 -90 S.L Street Restaurant Purchase Price 1,305,000 2,180,000 Highest and Best Use Estimate The Agency plans to redevelop the existing parcels into a second public parking garage to serve the Regional Theater, Livermore Village site and First Street businesses. Estimated Highest and Best Use Value: $3,500,000 Livermore Village Site Traffic Access and Circulation Property Addresses Current Use 39 -43 S. Livermore Ave (portion) Parking lot 2056 First Street (portion) Vacant lot Purchase Price 288,850 170,000 Highest and Best Use Estimate The Agency plans to redevelop the existing parcels to provide traffic access and circulation to the Livermore Village site. Estimated Highest and Best Use Value: $460,000 Second Street Public Parking Property Address Current Use Purchase Price 2164 Second Street Parking lot $225,000 Highest and Best Use Estimate Property was redeveloped in 1991 to provide a public parking lot downtown. Estimated Highest and Best Use Value: $560,000 Savannah Terrace Affordable Housing Unit Property Address Current Use Purchase Price 318 S. Livermore Ave Unit #112 Housing $238,627 Highest and Best Use Estimate The City plans to sell the condominium unit to an income qualified, disabled homebuyer through the Below Market Ownership Housing Program. Estimated Highest and Best Use Value (Appraised Value): $249,000 Downtown Public Parki Property Address 2350 Railroad Avenue APN(98- 26 -18 -4) I Street (APN 98- 28 -1 -2) 1 Street (APN 98- 28 -2 -1) 159 N. I Street ng Garage at Transit Center — Phases 1 &2 Current Use Purchase Price Public Parking Garage $2,113,008 (all parcels) Public Parking Garage Vacant Vacant Vacant N.Livermore Ave (APN 98- 28 -2 -1) N Livermore Ave (APN 98- 28- 9 -12 -6) Highest and Best Use Estimate The properties were acquired by the Agency in 2005. Two sites redeveloped as the first of a two phase parking garage complex. Estimated Highest and Best Use Value: $16,700,000 Livermore Valley Center — Bankhead Public Plaza & Pedestrian Walkway Access Property Address Current Use Purchase Price 30 S. Livermore Avenue Public Pedestrian Path & Parking lot $5,221,362 2450 First Street Bankhead Plaza & Walkway 2490 First Street Rear of Bankhead Plaza /walkway APN 98- 4- 7 -3 -2) Highest and Best Use Estimate The Livermore Valley Center and Public Plaza project required the acquisition, assembly and Brownfields clean -up of several underutilized existing automotive and commercial parcels into a performing arts, retail center and public plaza. Estimated Highest and Best Use Value: $10,750,000 Livermore Valley Center Future Hotel Site Property Address Current Use Purchase Price 2490 First Street (portion) Automotive Repair $1,117,174 (portion) APN 98- 4- 7 -29 -2) Highest and Best Use Estimate The properties were acquired by the Agency to facilitate development of a hotel in the downtown core. Estimated Highest and Best Use Value: 1,600,000 V. CONSIDERATION RECEIVED AND REASONS THEREFORE The Agency is conveying the Parcels, the Train Depot building and leases to the City in consideration for the City's commitment to use the Property and Train Depot Building in compliance with the Redevelopment Plan and to use its best efforts to retain the successfully completed redevelopment projects that are now in place on the Parcels. The Agency and City contemplate that the City's loan to.the Agency for the City Liened Affordable Housing Properties see Agreement) will be repaid from the proceeds from their disposition and development. However, if those liens are not repaid, or the property is used for any redevelopment consistent with the redevelopment plan, the Agency shall remain responsible for repaying the principal and interest on the loan to the City. VI. ELIMINATION OF BLIGHT The Livermore Redevelopment Agency was established on September 24, 1981 to improve the social, physical, and economic conditions of the Downtown Central Business District. Conditions existing in the Downtown included a loss of business to suburban retail centers, a high vacancy rate in parts of the Downtown, development of parcels created by the railroad realignment through the Downtown, parking problems, poor planning, and urban design. In an effort to overcome these obstacles, the City Council adopted the Downtown Redevelopment Plan in July of 1982. The Plan, developed by the City's Redevelopment Agency, is directly related to the development objectives of the Livermore General Plan and the Downtown Specific Plan adopted by the City Council on February 9, 2004 and amended on March 30, 2009. Both the Redevelopment Plan and the Downtown Specific Plan consist of a comprehensive and coordinated process aimed at eliminating deterioration and blight, and promoting and enhancing economic revitalization in the City's main commercial areas. The transfer of the parcels from the Agency to the City will ensure that, in the. event the legislature eliminates redevelopment agencies within the state as anticipated, redevelopment within the project area can continue. Future development within the project area will play a key role in the elimination of blight — both physical and economic — in the Project Area and directly addresses important Redevelopment Plan goals as discussed below. To reinforce and enhance the vitality of the downtown as a public and commercial center for Livermore, the Agency made a substantial investment in the revitalization effort to create a downtown core that serves as both a daytime and nighttime activity center. The revitalization effort includes the development of cultural, art, entertainment, commercial, and residential components. The Agency has determined that implementation of the Redevelopment Plan will assist in the removal of blight by development on underutilized sites; the creating of public spaces; the strengthening of Downtown Livermore as a regional destination location in Livermore; and by providing a catalyst for additional private investment in the Downtown Area. Continued implementation of the Redevelopment Plan will increase employment, both during construction phases and thereafter. Some parcels subject to the transfer are currently vacant, creating a negative impact on the Project Area and impeding the full realization of investments the City and Agency have made to the Project Area and the Downtown. Therefore, redevelopment within the Project Area will help eliminate blight in the Project Area by ameliorating a physically and economically blighting influence on the Project Area. Thus, the Agency is entering into this Agreement in order to achieve its objectives to stimulate further development in the downtown area and remove blight in the downtown area. VII. CONFORMANCE WITH FIVE -YEAR IMPLEMENTATION PLAN Livermore's Redevelopment Agency was created consistent with State Law in July 1982. The purpose of the Agency is to remove blight and assist with the redevelopment and revitalization of the Project Area. State Law requires that the Agency adopt a series of Five Year Implementation Plans. The current Plan covers the period from 2009 to 2014 and the activities that the Agency undertakes during that period must be generally consistent with the Five Year Plan. The Five Year Implementation Plan includes many goals to facilitate the development of a variety of projects within the Project Area. The current Five Year Implementation Plan was developed in 2009 and is coordinated with the Downtown Specific Plan. The Downtown Specific Plan is designed to provide both- land use and revitalization strategies to help implement the Five Year Plan. The primary intent of the Downtown Specific Plan area is to promote the continued development and revitalization of the City's pedestrian- oriented downtown, providing unique shopping, dining, entertainment, residential, and investment opportunities. Table of RDA Properties Subject to 33433 Report APN Address Street Location Description Parcel Size s.f. 097 000102601.62 -90 S L ST Dominoes /Meat Market/Bottle Book 5,765: 097 000102602 50 S L ST KFC 16,814 097- 0001 -031 portion)39 -43 - S Livermore' Ave parking lot north of 39 S. Livermore Ave 5,278 097 000103600 2068 First Street Back of Corbett Parcel 3,570 097 001400304 2164 Second Street Chamber Parking Lot 11,379 097 010801800 318 S Livermore Ave Savannah Terrace Unit #112 800 098 026001702 2418 Railroad Ave Parking Structure 55,470 098 026001803 2350 Railroad Ave Parking Structure 40,839 098 026001804 Railroad Ave Parking Structure - sliver at rear 500 098 028000102 N I ST I Street Vacant 6,000 . 098 028000201 N 1 ST I Street Vacant 7,500 098 028000202 159 N 1 ST I Street Vacant 7,500 098 028000803 N Livermore Ave I Street Vacant - 21.16 Railroad 2,653 098 028000808 N Livermore Ave I Street Vacant - 2116 Railroad 1,747 098 040701300 30 N Livermore Ave LVC Pedestrian Access Pathway 4,443 098 040702600 2450 Railroad Ave Bankhead Plaza & Walkway 27,922 098 040703002 2490 First Street Back of Bankhead at pathway 4,732 098 040702902 2490 Railroad Ave Hotel - 2205 Railroad 36,848 Livermore Village Parking Structure Phase 1 Parking 'Structure Phase 2- Livermore Valley Center