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RESOLUTION NO. XX – 2022
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AUTHORIZING THE CITY MANAGER TO AMEND THE PURCHASE AND SALE
AGREEMENT BETWEEN THE EAST PALO ALTO YOUTH ARTS & MUSIC CENTER
LLC FOR THE POTENTIAL ACQUISITION OF THE SITE LOCATED AT THE CORNER OF BAY ROAD AND PULGAS AVENUE (APN 063-240-490) FOR
POTENTIAL FUTURE DEVELOPMENT OF A NEW PUBLIC LIBRARY
WHEREAS, on December 7, 2021, the City Council adopted a Resolution Authorizing the City Manager to execute a Purchase and Sale Agreement (“PSA”) between the City of East Palo Alto and the East Palo Alto Youth Arts & Music Center, LLC (an affiliate of the John and Marcia Goldman Foundation) for the potential acquisition of the Site for potential future development of a new public library; and WHEREAS, the PSA stipulated that the City is allowed a 90-day due-diligence period commencing upon full execution of the PSA, which occurred on December 28, 2021; therefore, all due-diligence items must be completed by the City by March 28, 2022; and
WHEREAS, the City has commissioned a Phase 1 Environmental Site Analysis and is in the process of obtaining a Phase 2 report but desires to extend the PSA’s due diligence period by an additional 30-days to provide necessary time to complete additional analysis; and
WHEREAS, staff also seeks delegated authority to the City Manager to extend the time periods in the PSA, as needed, with Owner agreement.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO HEREBY AUTHORIZES:
1. The City Manager to execute an amendment to the Purchase and Sale Agreement (“PSA”), in a form approved by the City Attorney, between the City of East Palo Alto and the East Palo Alto Youth Arts & Music Center, LLC for the potential acquisition of the property located near the corner of Bay Road and Pulgas Avenue (APN: 063-240-490) (“Site”) to extend the due diligence period by an additional 30-days; and
2. The City Manager to execute further amendments to the PSA to extend time periods, as needed, with Owner agreement subject to the approval of the City Attorney.
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PASSED AND ADOPTED this 15th day of March 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ruben Abrica, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin, Interim City Clerk Valerie J. Armento, Interim City Attorney