1 2
3 4 AMENDMENT NO. 1
5 TO THE
6 MEMORANDUM OF AGREEMENT
7 BETWEEN
8 THE UNITED STATES OF AMERICA
9 ACTING BY AND THROUGH
10 THE SECRETARY OF THE NAVY
11 UNITED STATES DEPARTMENT OF THE NAVY
12 AND
13 THE ALAMEDA REUSE AND REDEVELOPMENT
14 AUTHORITY
15 FOR CONVEYANCE OF
16 PORTIONS OF THE NAVAL AIR STATION ALAMEDA
17 FROM
18 THE UNITED STATES OF AMERICA
19 TO
20 THE ALAMEDA REUSE AND REDEVELOPMENT
21 AUTHORITY
22 23
24 25
26 27
28 29
EXHIBIT 2
Exhibit 2
1 I AMENDMENT NO. ONE
2 TO THE
3 MEMORANDUM OF AGREEMENT
4 BETWEEN
5 THE UNITED STATES OF AMERICA
6 ACTING BY AND THROUGH
7 THE SECRETARY OF THE NAVY
8 UNITED STATES DEPARTMENT OF THE NAVY
9 AND
10 THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
ii FOR CONVEYANCE OF
12 PORTIONS OF THE NAVAL AIR STATION ALAMEDA
13 FROM
14 THE UNITED STATES OF AMERICA
15 TO
16 THE ALAMEDA REUSE AND REDEVELOPMENT AUTHORITY
17 18
19 20 THIS AMENDMENT NO. ONE (I) to the Memorandum of Agreement between the
21 United States of America acting by and through the Secretary of the Navy, United States 22 Department of the Navy, and the Alameda Reuse and Redevelopment Authority for Conveyance 23 of Portions oft Naval Air Station Alameda from the United States of America to the Alameda
24 eus and Rede el ment Authority dated June 6, 2000 ("Agreement") is entered into on this
25 day of ______ 2001 by and between THE UNITED STATES OF AMERICA, 26 acting by and, rou the Department of the Navy (the Government), and THE ALAMEDA 27 REUSE AN REDEVELOPMENT AUTHORITY (the Authority), recognized as the local 28 redevelopment authority by the Office of Economic Adjustment on behalf of the Secretary of 29 Defense. Government and Authority are sometimes referred to herein collectively as the
30 "Parties."
31 32 RECITALS
33 34 WHEREAS, the Parties did enter into the Agreement for the "No Cost" Economic 35 Development Conveyance ("EDC") to the Authority of a portion of the former Naval Air Station 36 Alameda ("Property") pursuant to Section 2905(b)(4) of the Defense Base Closure and 37 Reaignment Act of 1990, as amended, and the implementing regulations of the Department of 38 Defense (32 CFR Part 175);
39 40 ' WHEREAS, subsequent to the execution and delivery of the Agreement, the Parties
41 determined that in accordance with the Reuse Plan it is desirable and necessary to include within
42 the scope of the Agreement additional items of Personal Property as listed in the Bill of Sale at 43 Exhibit A to this Amendment No. 1.
44 EXHIBIT 2
2 I WHEREAS, Subsequent to the execution and delivery of the Agreement, Section 2 2905(b)(4) of the Defense Base Closure and Realignment Act of 1990 was amended by Section
3 2821 of the National Defense Authorization Act for Fiscal Year 2001 (Pub. L. No. 106-398) to 4 change certain requirements regarding the use of proceeds from the sale or lease of the Property
5 or Personal Property transferred under the Agreement. 6 7 . NOW THEREFORE, in consideration of the foregoing premises and the respective
8 representations, agreements, covenants and conditions herein contained, and other good and 9 valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
10 Parties agree as follows:
11 12 AGREEMENTS
13 14 Article 1. Personal Property
15 16 a. Property Description. Article 2 of the Agreement is hereby amended to include
17 within the description of Personal Property all additional items listed in the Bill of Sale at Exhibit 18 Ato this Amendment No. 1.
19 20 Article 2. Use of Proceeds from Sale or Lease
21 22 a. Use of Proceeds from Sale or Lease. In accordance with Section 2821 of the
23 National Defense Authorization Act for Fiscal Year 2001 (Pub. L. No. 106-398) and the 24 Agreement, Article 6 of the Agreement is hereby amended as follows:
25 26 In subparagraph (a): following the word "Deed" insert "or LIFOC". 27 28 In subparagraph (c): delete "(1)" and replace with "(a)" and delete "(2)" and replace with 29 30
31 Delete subparagraph (d) in its entirety and substitute the following:
32 33 (d) Authority shall submit to the Government an annual financial statement certified
34 by an independent certified public accountant. The statement shall cover the Authority's use of
35 proceeds it receives from the sale, lease, or equivalent use of the Property. The first such
36 statement shall cover the 12 month period beginning on the date of recordation of the first Deed 37 or LIFOC and shall be delivered to Government within 60 days of the end of that period and
38 annually thereafter. The seven year period will commence with the recordation of the deed or
39 LIFOC for the initial transfer of property. The last such statement shall cover the 12 month 40 period beginning on the date seven years following the recordation of the Deed or LIFOC for the
41 initial transfer of property. The financial statements shall cover all parcels of property that have
42 been conveyed during the seven year period. In the event Congress enacts legislation regarding
43 the reporting period after the date of this Agreement, the Government will in good faith exercise
44 the authority granted to modify the terms of this Agreement consistent with the legislation. 45 EXHIBIT 2
3 1
2 Article 3. Survival and Benefit
3 4 a. Unless defined separately, the terms used in this Amendment No. 1 shall be the 5 same as used and defined in the Agreement.
6 7 b. Except as set forth herein, and unless modified specifically by this Amendment 8 No. 1, the terms and conditions contained in the Agreement shall remain binding upon the 9 Parties and their respective successors and assigns as set forth in the Agreement. 10 11 In Witness whereof, the Parties, intending to be legally bound, have caused their duly 12 authorized representatives to execute and deliver this Amendment as of the date first above 13 written.
14 15
116 UNITED STATES OF AMERICA,
17 Acting by and through th epartment of the Navy
21 By:
22 WILLIA R. CARSILLO
23 Real Estate Contracting Officer
24 Base Realignment & Closure Office
25 26
27 28
29 ALAMEDA REU)/D REDEVELOPMENT AUTHORITY
31 Approved as to Form
33 By: ,/J' / çATTY
34 JAM/IM. LINT By:
35 ExecAitive Director Assistant City Attorney
36 /
4 EXHIBIT 2
4 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
Exhibit A to Amendment No. 1 -
BILL OF SALE
FOR
ADDITIONAL PERSONAL PROPERTY LOCATED
AT THE FORMER NAVAL AIR STATION ALAMEDA
This Bill of Sale, made this 3/day of , 2001, bythe United States of America, acting by and through Department of t Nay , hereinafter referred to as the "Government," for the benefit of the Alameda Reuse and Redevelopment Authority, a Joint Powers Authority established by the City of Alameda and County of Alameda under the California Joint Exercise of Powers Act as set forth in Title 1, Division 7, Chapter 5, Article 1 of Government Code of the State of California (Government Code Section 6500 et seq.), hereinafter referred to as the "ARRA."
RECITALS
A. Government is the owner of that certain real property, together with improvements and associated personal property thereon, located in Alameda, California, and commonly referred to as the Former Naval Air Station, Alameda (NAS), which was closed as a military installation, and is subject to disposal pursuant to the Defense Base Closure and Realignment Act of 1990, as amended (hereinafter referred to as "DBCRA").
B. By application, dated October 1997, ARRA applied for an Economic Development Conveyance (EDC) pursuant to DBCRA § 2905(b)(4), as amended. The application encompasses land and improvements comprising a portion of NAS, and also requests the transfer of all personal property situated thereon. Pursuant to said section the Secretary of the Navy has the authority to dispose of real and personal property without consideration for purposes ofjob creation and economic redevelopment related to a closed military installation.
C. The Government has approved said EDC application and agreed to convey certain portions of NAS to the ARRA under the Memorandum of Agreement between the United States of America acting by and through the Secretary of the Navy, United States Department of the Navy, and the Alameda Reuse and Redevelopment Authority for Conveyance of Portions of the Naval Air Station Alameda from the United States of America to the Alameda Reuse and Redevelopment Authority dated June 6, 2000 ("Agreement") D. The Government transferred certain portions of NAS to ARRA including the personal property listed in the Bill of Sale at Exhibit "F" to the Agreement.
E. Subsequent to the transfer of the personal property listed in the Bill of Sale at Exhibit "F" to the Agreement, the Government and ARRA determined that in accordance with the Reuse Plan it is desirable and necessary to transfer additional personal property not previously listed in the Bill of Sale at Exhibit "F" to the Agreement.
EXHIBIT 2
5 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
AGREEMENTS
NOW, THEREFORE, in consideration of the foregoing recitals and other considerations set forth herein, it is mutually agreed as follows:
1. Government hereby grants, transfers, releases, and quitclaims title and ownership of personal property located on the real property at NAS that Government is conveying to ARRA under said Agreement, as said personal property is described in Exhibit "1" hereof, which is attached hereto and made a part hereof.
2. The proceeds of the sale of any of the personal property included in this Bill of Sale shall be subject to the same restrictions and provisions for recoupment as are set forth in Article 6 of the above-said Agreement, as amended.
3. All personal property described in this Bill of Sale is transferred without warranty of any kind. The property is delivered to the ARRA "as is" and "where is," and Government makes no warranty as to its usability generally or as to its fitness for any particular purpose.
4. This Bill of Sale shall be effective on the date first above written.
IN WITNESS WHEREOF, the Government and ARRA have caused this instrument to be executed by their duly authorized representatives as of the date first above written.
THE UNITED STATES OF AMERICA,
Acting by and tfugh the Department of the Navy
WILLIAM R. CARSILLO
Real Esiate Contracting Officer
Base Realignment.iiid Closure Office
ALAMEDA REUSE AND REDEVELOPMENT
AUTHORIT
JAMES M.F INT
Executive Director
Approved as to Form
çj ATTORNEY
By:
4 -
'Assistant Cit y Attorney
PA
EXHIBIT 2
6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of &MWA I
On Cjt4Dj' A, 'Z01 , before me, . #4LUN
Date Name and Title of Officer (e.9., Jane Doe, Notary PUbliO') personally appeared WILAA$A 2 AltA.O
Name(s) of Signer(s)
)5sonaHy known to me
El proved to me on the basis of satisfactory
evidence
to be the person whose narnea3iJi'e
subscribed to the within instrument and
acknowledged to me that he J&hefth*7 executed
the same in hishes'the1r authorized
capacit4esy, and that by his1ha4their
GRACE i. suw signature$-on the instrument the person or Commission ii 1210404 the entity upon behalf of which the persotfe') Notary Public - California acted, executed the instrument.
Sari Mateo County
W Comm. Fjpfrris Feb 0, 20M WITNESS my hand and official seal Place Notary Seal Above SlqnsT~otary Public
OPTIONAL
Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document AM4PMTØ.e PAM I ts4OP .- Title or Type of Document
Document Date: JM,7( 310 2D( Number of Pages: 9 Signer(s) Other Than Named Above: ZJ1M P%,-Lt'&'T
,Capaclty(ies) Claimed by Signer
Signers Name:
O Individual
o Corporate Officer Title(s):
o Partner 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
O Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
thUMb here Top
Of
to 1997 National Notary Association' 9350 De Soto Ave.. P.O. Box 2492' Chatsworth, CA 91313-2402 Prod. No. 9907 Reorder Call Toll-Free 1-800-876-6827
EXHIBIT 2
7 It-All IflflVJ IA ALLPURPflF ACKNOWLEDGMENT
State of California
County of
On JiA L( M, =11 , before me,
Public ")Date Narne and Title of officer (e.g., ~Jane Doo, Notary personally appeared JAM M . Fu trr
f Signer(5)
.-rsonaUy known to me
0 proved to me on the basis of satisfactory
evidence
I. SAGUN
-. C'"rrssion # 1210404
W. Ncry Public - Ccilfcrilo
to be the persopkery whose name7 isIere
subscribed to the within instrument and
acknowledged to me that he,Lh&thcy executed
the same in his/ier/thtr authorized
capacity.e) and that by his*i1thir
signatureeon the instrument the person(, or
the entity upon behalf of which the persor.(4
acted, executed the instrument.
7 San Mateo Couiily
WITNESS my hand and offic ial seat
Place Notary Seal Above reofotaryPubt? '
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
t"MNPM4T I Title or Type of Document:
Ø3L4, cf add'/ p#?i4/ pflflerP 1)(
Document Date: 4LY' I, 2c01 Number of Pages:
Signer(s) Other Than Named Above: W(R1P44 . t.Az4Lt.O Capacity(ies) Claimed by Signer
Signer's Name:
O Individual - Top of thumb here
O Corporate Officer -- Title(s):
LI Partner - 11Limited LI General
LI Attorney in Fact
LI Trustee
O Guardian or Conservator - -
LI Other: -
Signer Is Representing:
a 1997 National Notary AssocIation' 9350 Dc Solo Ave, P.O. Box 2402-. Chatsworth, CA 91313-2402 Prod. No, 5907 Reorder Call Toll-Free 1-800-976-6827 EXHIBIT 2
8 ALAMEDA
ALAMEDA XLS
7/20/00
USN EC ODOMETER RDG MFG YR MAKE MODEL SERIAL REMARKS
9326484 021001 43581 90 CHEV CELEBRITY 2G1AW84T6L2114585 9441142 031301 037895 90 CHRYSLER D-150 1B7GE16X4LS684182 9441148 031301 47801 90 CHRYSLER D-150 1B7GE16X5LS685051 MSC-87 9427217 031900 49404 87 CHRYSLER D50 JB7FL29E3HP039485 AP-94-27217 9441796 031901 25612 90 FORD RANGER 1FTCR1OA7LUA81495
9441800 031901 60979 90 FORD RANGER 1FTCR1OA4LUA81499 AP-94-41800 9441802 031901 11835 90 FORD RANGER IFTCR1OA9LUA8150I P0-104 9441808 031901 14851 90 FORD RANGER 1FTCR10AXLUA81507 MSC-118 9441815 031901 22770 90 FORD RANGER IFTCRIOA2LLIA815I4 AP-94--41815 9441827 031901 20407 90 FORD RANGER 1FTCRIOA3LUA81526 AP-94-41827 9441856 031901 29176 90 FORD RANGER IFTCR10AXLUA8I555 AP-94-41856 9441870 031901 17093 90 FORD RANGER 1FTCR -IOAXLUA8I569 AP-94.-41870 9441875 031901 25563 90 FORD RANGER IFTCRIOA3LUAB1574 AP-94-41875 9441878 031901 34615 90 FORD RANGER IFTCFIOA9LUA8I577 F-57 9441898 031901 29745 90 FORD RANGER 1FTCR1OA4LUA8I597 MSC-21 9437403 032701 34234 88 CHEV CR20943 1GCGR23J5JJ135913 F68 9441591 032701 25316 90 FORD CREW CAB 2FTJW35H0LCA41616 9441593 032701 23326 90 FORD CREW CAB 2FTJW35H4LCA41618 F-71 9441597 032701 74544 90 FORD CREW CAB 2FTJW35H6LCA41622 AP-94-41597 9441459 032901 28953 90 FORD AEROSTAR 1FTCA14U6LZA50155 AP-94-41459 9324533 033001 36891 89 CHRYSLER RAM250 2B4HB25Y0KK312423 P0 93-24533 9324534 033001 46483 89 CHRYSLER RAM250 2B4HB25Y2KK312424 P0-131 9325113 033007 31537 90 FORD AEROSTAR IFMCAI1U6LZA49975 AP-93-25113 9325126 033007 55371 90 FORD AEROSTAR 1FMCAIIU4LZA49983 F-77 9325811 033007 44448 90 FORD AEROSTAR 1FMCAI1U7LZA50097 F-58 9325837 033007 34926 90 FORD AEROSTAR 1FMCAI1U4LZA5OI23 9326772 033000 42473 90 FORD AEROSTAR IFMCA11U2LZB55680 F-59 9326962 033001 104398 90 CHRYSLER 0350 2B4HB25Y6LK761915 9442349 033401 42691 91 WHEEL COACH AMBULANCE 1FDKE30M2HA23815 F-61 9445178 033404 20294 91 WHEEL COACH F350 IFDKF30MXMNA487I0 P0-119 9447839 033401 12720 91 WHEEL COACH AMBULANCE IFDKE30M8MHB06214 F-60 9445401 034301 18948 87 GMC - SIERRA 3500 1GDGR34KXHJ515834 9442248 034501 25862 90 GMC CP30842 1GCGP32K1L3307545 P0-132 9444376 036201 41756 90 GMC - CG31603 1GBGG31K4L4137045 P0-118 9525766 052501 49046 85 GMC C5042 1GTE5D1A9FV51089
9526004 052501 14221 86 NAVSTR 1654 1HTLAHEK6GHA18216 AP 95-26004 9527551 052500 20713 88 GMC C6D042 1GTG6D1F1JV508425
9641097 070401 21946 87 NAVISTAR 1754 IHTLCHWL8HH470412 AP-96-41097 EXHIBIT 2
9 USN EC ODOMETER RDG MFG YR MAKE MODEL SERIAL REMARKS
9424049 072202 41043 66 GMC CC20903 1GCFC24L4GJ113570 AP-94-24049 MSC 9438645 072201 51435 88 GMC 23562 1GBGC34J7JE202661 AP-94-38645 9439766 072202 42718 90 GMC CC20903 1GCFC24H8LZ210391 AP-94-39766 9641849 075101 20328 89 GMC 767 IGBM701FIKV104840
9641850 075101 30021 89 GMC T767 1GBM70IF4KVI04850
4503044 453100 NIA 81 DEERE 444C 40404044
4816215 457500 N/A 77 DEERE JD4OI-C 284-202
5177356 517001 N/A 88 MILL ELEC 250D JJ355859
5407038 541400 004521 84 NAVSTR 1754 1HTLCHWLXEHA35938
7102759 710200 N/A 87 KOVATCH KFT06 KFTI04
7302944 732101 N/A 88 PIERCE FIRE MARSH 1P9CAO1G3JA040564 7302945 732101 N/A 88 PIERCE FIRE MARSH 1 P9CA01 G5JA040565 8204929 824600 NIA 87 GROVE TMS 3006 69938 -
7600026 760100 N/A 81 CHEV P31042 CJP32M7B3302887
EXHIBIT 2
10 SMALL BOAT INVENTORY
DESCRIPTION
Skiff, pontoon punt
Skiff, pontoon punt
Utility Boat
Impact Boat 2
Impact Boat 2
Flat Top Boom Barge
Harbor Security
Utility Boat
Oil Skimmer, Dip 3001
Tug Boat
Work Boat
Work Boat
LENGTH ID NUMBER
6ft none
14ff. none
19ff 19UB9301
21ff none
21ff none
23ff none
24ff 24HS8706
25ff - 25UB9211
26ff none
45ff none
50ff 50WB814
50ff 50WB817
SERIAL NUMBER
M0570594A-494
2222J783
BWC8222EH394
BWCPA0331-596
BWCPA0351-596
89-6023
none
92113031293
89-0106
YWB4553256
none
none
LOCATION
Alameda Point
Alameda Poin
Alameda Poin
Alameda Poin
Alameda Point
Alameda Point
Alameda Point
Alameda Point
Alameda Point
Alameda Poit
Alameda Point
Alameda Point
EXHIBIT 2
11