INFRASTRUCTURE AGREEMENT-
This AGREEMENT is entered into this day of
_, 1989 by and between CITY OF ALAMEDA a
municipal corporation of the State of California ("CITY"), and HARBOR BAY ISLE ASSOCIATES, a general partnership
("'HBIA"), HARBOR BAY VILLAGE FOUR ASSOCIATES, a limited partnership ("HBVFOUR"), and HARBOR BAY VILLAGE FIVE
ASSOCIATES, a limited partnership ("HBVFIVE") (collectively "HARBOR BAY") pursuant to the settlement agreement between these parties dated November 3, 1988.
WHEREAS, the settlement agreement requires the parties
to enter into a written agreement setting forth existing and anticipated future issues and problems involving access -to Bay Farm Island and Harbor Bay Isle ("HBI") and the responsibilities of CITY and HBIA in regard to planning and funding solutions to those problems;
WHEREAS, the parties recognize that the build-out of the remaining residential portion of HBI and the development and completion of the build-out of the HBI Business Park will add traffic on streets and intersections providing access to Bay Farm Island and HBI;
WHEREAS, by this agreement the parties intend to
identify the existing and anticipated future problems
relating to access to Bay Farm Island and HBI and to assign planning responsibility for improvement of access and
mitigation of effects of existing and additional traffic 1 volume, açcess between HBI and Bay Farm Island residential areas and the HBI Business Park, transit services,
including a ferry service to San Francisco, and
transportation system management measures; and
WHEREAS, the settlement agreement provides for the
allocation of certain taxes to be set aside and expended only upon infrastructure projects relating to access to Bay Farm Island and HBI;
NOW, THEREFORE, the parties agree as follows:
1. Access Problems and Issues. The parties hereby
identify the specific existing or anticipated future access problems, projects and/or issues ("Traffic Improvement
Projects") involving Bay Farm Island and HBI as set forth .. in Exhibit "A" attached hereto. City and HBIA agree that the presently identified Traffic Improvement Projects fall into two categories, relating in large part to their
proximity to HBI and the extent of HBI's impact upon the underlying cause (s) of or need(s) for such projects. The City or local share of the cost of the Projects included in Group One of Exhibit A shall be paid one-half from the
special Iraffic Improvement Fund described in paragraph 2 below and one-half from other City funds. The City or
local share of the cost of those Projects included in Group Iwo of Exhibit A shall be paid entirely from the Traffic Improvement Fund. Traffic Improvement Projects may be
added to either category, or new categories of such,
2 projects may be created from time-to-time by mutual
agreement of City and Harbor Bay. City and HARBOR BAY
agree to work together to find and/or maximize other
federal, state and local sources of funds for both
categories of projects, so long as there is no impact upon City's revenues for other purposes.
2. Special Traffic Improvement Fund. !
a. The City shall immediately create and segregate
a special fund ("Traffic Improvement Fund") to be used only for the following purposes: payment of the costs of
identifying and mitigating access problems to Bay Farm
Island and HBI, including, but not limited to, planning, studies, design and construction of mitigation projects .. identified in Exhibit "A" attached hereto, regardless of whether such activity is carried out by the city alone or in conjunction with other entities or agencies. The
mitigation work and projects identified by this agreement are a public benefit intended to benefit all of the
citizens of the City. The City shall pay into the Traffic Improvement Fund, from and after the date of execution of this agreement and ending at such time as a resolution
adopted by the City Council certifies that the fund has a balance sufficient to complete payment for all work and projects required as a result of this agreement:
(1) All improvement taxes collected by the city
pursuant to Chapter 15 of the Alameda Municipal Code on all *:
construction of any type in HBI from and after November 3, 1988; and
(2) 50% of the city's share of the difference
between the amount of each installment of real property taxes received for all real property located in the entire HBI Business Park, regardless of ownership, for the tax year 1988-1989 and the amount of each installment of such taxes received by City during each subseguent tax year or portion thereof, beginning with the first installment of Dug 0Ec 10,1989 the 1989-1990 tax year and continuing until the conclusion of this agreement; attached hereto as Exhibit "B" is a
schedule of the total and the City's share of HBI Business Park real property taxes for each installment of the 1988- .. 1989 tax year.
b. Collectively, the taxes described in paragraphs
2a (1) and (2) shall be referred to as "Traffic Improvement Taxes." All Traffic Improvement Taxes required to be paid into the Traffic Improvement Fund shall be paid within ten days of receipt by city.
3. Planning and Reporting.
a. Commencing with the City's fiscal year
beginning July 1, 1989, and on an annual basis thereafter, the city shall within the first 60 days of such year
prepare a plan for solution of the traffic and access
problems addressed by this agreement and a schedule of
costs, methods of financing or payment, and timing for
4 construction of or otherwise accomplishing the solutions to such problems, both on a detailed basis for projects to be undertaken in the year of the plan and on a projected basis for anticipated future projects ("Annual Traffic
Improvement Plan"). The Annual Traffic Improvement Plan shall be transmitted immediately after completion to HBIA for its review and comments and City shall implement
reasonable proposals and suggestions for changes to the plan made by HBIA.
b. The initial plan shall be accompanied by a
statement of the amounts and dates of Receipt of Traffic Improvement Taxes and of deposits into the special fund and the balance of the fund. Thereafter, on a quarterly basis, .. City shall provide HBIA with a report describing the (
progress of the work included in the then current Annual Traffic Improvement Plan and a statement showing the
amounts, costs and proceeds of bond sales, if any, dates of receipt of Traffic Improvement Taxes, dates and amounts of deposits into the Traffic Improvement Fund, interest
accrued, use or application of withdrawn funds and the
balance of the fund as of the reporting date.
4 • Limitation of Liability to Iraffic Improvement
Fund.
a. The cost of projects required to be undertaken
by this agreement may be paid by the city directly from the Traffic Improvement Taxes deposited in the Traffic
Improvement Fund or from proceeds raised by the issuance 5 and sale of bonds, deposited in the fund, or a combination thereof. If bonds are issued and sold, costs of sale and principal and interest on the bonds shall be paid only from. the Iraffic Improvement Fund and the bondholders shall have no recourse to the City if the Traffic Improvement Fund proves inadequate.
b._ Payment from the Traffic Improvement Fund for
property, goods or services shall be made only for such property, goods and services that may actually be sold or provided to the city during each year and only upon the actual transfer to the City of such property or goods or the performance of such services.
The City shall not be required to pay any
.. obligation of the Traffic Improvement Fund from the city's general fund or by exercise of its tax powers. Nothing
herein shall prevent the City from entering into agreements in excess of one year to effectuate work or projects
required as a result of this agreement in order to acquire property or goods or procure services, so long as payment is contingent upon such transfer or performance.
d. At any time or from time-to-time, if city and
HBIA agree that there is a need to proceed with or complete a Traffic Improvement Project or Projects contemplated by . this agreement prior to the time when the Traffic
Improvement Fund would contain funds adequate for such
purposes and the Traffic Improvement Taxes or other.
6 revenues of the fund are not sufficient to permit the sale of bonds to fund such project or projects, or if such bonds cannot be sold efficiently or economically, so long as
there is no legal impediment, HBIA may, but shall not be required to:.
(1) Prepay Traffic Improvement Taxes or
otherwise loan sums to the Traffic Improvement Fund at
commercially reasonable interest rates; or
(2) Use any and all lawful means to
facilitate sale of bonds, or purchase bonds for its own account.
e. In the event that the Traffic Improvement
Fund's final liability for the costs of Traffic Improvement - Projects exceeds its revenues from all sources as described "herein, then, and only then, shall HBIA be responsible for such excess costs.
EXECUTED at Alameda, California, on the date first above written.
Approved as to form: CITY OF ALAMEDA, a municipal
corporation of the State of
California
city Attorney
By
Its Mayor
SK3
Authorized by Council
Resolution No.
ORDINANCE 2426
Ot
@].P. Adopted April 1,1989
7 HARBOR BAY VILLAGE FOUR HARBOR BAY ISLE ASSOCIATES, a ASSOCIATES, a limited general partnership
partnership By DORIC DEVELOPMENT, INC.,
By DORIC DEVELOPMENT,. INC. General Partner
General Partner
hunt his SEX Bhall
By By
Its Si Kni Pres. Its EXELATIVE VILE PRES
BY HOME CAPITAL CORPORATION, HARBOR BAY VILLAGE FIVE
General Partner ASSOCIATES, a limited
partnership
By DORIC DEVELOPMENT, INC.,
General Partner
Its Pigget Manage
et corner By Tellitens
its Requal Dunde Its Vin Presiden
By HOME CAPITAL CORPORATION,
General Partner
By
Its Kropot Mamage
By
EXHIBIT A
TRAFFIC IMPROVEMENT PROJECTS
Group 1 - 50% of city cost from traffic improvement
fund:
1. Widening Doolittle Drive to four lanes between
Harbor Bay Parkway and Island Drive;
2. Modification of the Doolittle Drive - Island Drive
intersection;
3. Modification of the Otis Drive - Broadway
intersection;
4. Modification of the otis Drive - High Street
intersection;
5. Modification of the Otis Drive - Fernside Biva.
intersection;
6. Modification of the High Street - Fernside Blvd.
intersection;
7. Increased capacity of the Bay Farm Island Bridge;
8. Increased capacity of the High Street Bridge.
Group 2 - 100% of city costs from traffic improvement
fund:
1. Construction of the Cross-Airport Roadway between
Harbor Bay Parkway and 98th Avenue;
2. Construction of a new intersection between Harbor
Bay Parkway and the Cross-Airport Roadway and
realignment of Harbor Bay Parkway;
Realignment of the Maitland Road - Harbor Bay
Parkway intersection to lessen residential incursion
resulting from construction of the Cross-Airport
Roadway:
Signalization as determined to be needed by the
City Engineer on Bay Farm Island; and
5. Transportation systems management programs for the
HBI Business Park.
........
r
Exhibit B
SUMMARY OF HARBOR BAY BUSINESS PARK PROPERTY TAXES
• 1988-1989
Assessed Tax 1st Tax 2nd
Acron Tax Rof. Loention Voluo Tax Both
3.00 74-1339-019 Plaza 1, Lot 1; 1151 HBPW 3,725,000 18,625.00 18,625.00 37,250.00
2.95 74-1339-024 Plaza 1, Lot 2; 1141 HBPW 5,924,259 29,621.30 29,621.29 59.242.59
2.46 74-1339-023 Plaza 1, Lot 3; 1131 HBPW 5,237,528 26,187.64 26,187.64 52,375.28
0.87 74-1339-022 Plaza 1, Lot 4 37,619 188.10 188.09 376.19
1.10 74-1339-021 Plaza 1, Lot 5 22,192 110.96 110.96 221.92
1.00 74-1339-020 Plaza Lot 6 21,640 108.20 108.20 216.40
13.87 74-1339-018 Plaza 2, Bat Tower 357,949 1,789.75 1,789.74 3,579.49
4.77 74-1339-025 Plaza m Lot 1; Rand 4,810,000 24,050.00 24,050.00 48,100.00
4.51 74-1339-025 Plaza 3, Lot 2 106,987 534.94 534.93 1,069.87
5.45 74-1339-016 Plaza 4, FHLB 15,647,300 78,236.50 78,236.50 156,473.00
5.50 74-1339-015 Plaza 4, Surgical Dynamics 137,956 689.78 689.78 1,379.56
1.00 74-1339-017 Plaza 4, Lake 25,836 129.18 129.18 258.36
24.21 74-1339-027 Plaza 5, Parkway Center 33,956,100 169,780.50 169,780.50 339,561.00
6.38 74-1339-004 Plaza 6, Lot 1; 1310 HBPW 3,391,704 16,958.52 16,958.52 33,917.04
6.25 74-1339-005 Plaza Lot 2; 1320 HBPW 9,108,390 45,541.95 45,541.95 91,083.90
6.00 74-1339-006 Plaza 6, Lot 3; 1430 HBPU 3,073,029 15,365.15 15,365.14 30,730.29
5.75 74-1339 - 007 Plaza 6, Lot 4; 1420 HBPU 10,724,456 53,622.28 53,622.28 107,244.56
5.62 74-1339-008 Plaza ó, Lot 5; 1410 KBPW 3,039,737 15,198.69 15,198.68 30,397.37
2.15 74-1337-004 Plaza 7, Triton 5,404,172 27,020.86 27,020.86 54,041.72
4.12 74-1337-005 Plaza 7, Lot 2 193,245 966.23 966.22 1,932.45
2.47 74-1339-011 Plaza 8, Airport Center 1,308,615 6,543.08 6,543.07 13,086.15
2.47 74-1339-012 Plaza 8, Airport Center 1,728,765 8,643.83 8,643.82 17,287.65
2.53 74-1339-013 Plaza 8, Airport Center 1,070,676 5,353.38 5,353.38 10,706.76
2.53 74-1339-014 Plaza 8, Airport Center 1,070,676 5,353.38 5,353.38 10,706.76
11.20 74-1339-028 South Loop Road 263,024 1,315.12 1,315.12 2,630.24
5.00 74-1339-029 South Loop Road 117,421 587.11 587.10 1,174.21
2.41 74-1339-030 South Loop Road 56,597 282.99 282.98 565.97
3.00 74-1339-031 South Loop Road 70,453 352.27 352.26 704.53 Assessed Tax ist Tax 2nd
Acres Tax Ref. Location Value Tax Both
----
9.80 74-1339 - 032 South Loop Road 230,146 1,150.73 1,150.73 2,301.46
41.58 74-1040-029 Undeveloped-ferry Terminal 973,474 4,867.37 4,867.37 9,734.74.
5.00 74-1337-006 HBPH 117,060 585.30 585.30 1,170.60
5.15 74-1337-007 HBPW 120,572 602.86 602.86 1,205.72
9.14 74-1337-008 HBPW 213,987 1,069.94 1,069.93 2,139.87
9.14 74-1337-009 HBPW 213,987 1,069.94 1,069..93 2,139.87
10.01 74-1337-010 HBPW 234,354 1,171.77 1,171.77 2,343.54
5.02 74-1337-011 North Loop Road 117,529 587.65 587.64 1,175.29
7.99 74-1337-012 North Loop Road 187,062 935.31 935.31 1,870.62
10.05 74-1337-013 North Loop Road 235,291 1,176.46 1,176.45 2,352.91
4.85 74-1337-014. North Loop Road 113,548 567.74 567.74 1,135.48
1.18 74-1337-015 North Loop Road 27,626 138.13 138.13 272.26
2.56 74-1337-016 North Loop Road 59,934 299.67 299.67 599.34
1.29 74-1337-017 North Loop Road 30,202 151.01 151.01 302.02
1.27 74-1337-018 North Loop Road 29,734 148.67 148.67 297.34
0.75 74-1337-019 North Loop Road 17,510 87.55 87.55 175.10
0.88 74-1337-020 North Loop Road 20,648 103.24 103.24 206.48
0.84 74-1337-021 North Loop Road 19,685 98.43 98.42 196.85
0.80 74-1337-022 North Loop Road 18,760 93.80 93.80 187.60
0.77 74-1337-023 North Loop Road 18,001 90.01 90.00 180.01
0.81 74-1337-024 North Loop Road 19,072 95.36 95.36 190.72
1.54 74-1337-025 North Loop Road 36,054 180.27 180.27 360.54
1.63 74-1337-026 North Loop Road 38,162 190.81 190.81 381.62
1.58 74-1337-027 North Loop Road 36,991 184.96 184.95 369.91
1.67 74-1337-028 North Loop Road 39,098 195.49 195.49 390.98
0.45 74-1337-029 North Loop Road 10,555 52.78 52.77 105.55
0.99 74-1337-030 North Loop Road 23,127 115.64 115.63 231.27
1.00 74-1337-031 North Loop Road 23,412 117.06 117.06 234.12
1.43 74-1337-032 North Loop Road 33,479 167.40 167.39 334.79
3.34 74-1337-034 Restaurant Site 31,372 156.86 156.86 313.72
4.61 74-1337-035 Bay Edge Park •
5.82 Roads- North Loop
0.15 Roads- Catalina
0.67 Roads - HBPW Widening
290.33 113,921.758 569,608.90 569,608.90 1,139,217.58
• City share of Taxes (.33305816) 189,712.89 189,712.81 379,425.70 Utan Construction Lompany Guy
Map No.2 of Salt Marsh ar e Lands
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