Resolution 2023-XX Page 1 of 3 RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
APPROVING, AND AUTHORIZING THE CITY MANAGER TO EXECUTE,
THAT CERTAIN STANDARD OFFER, AGREEMENT, AND ESCROW
INSTRUCTIONS FOR PURCHASE OF REAL ESTATE AND ACCOMPANYING ADDENDUM THERETO FOR CITY’S PURCHASE OF THE PROPERTY
COMMONLY KNOWN AS 39180 LIBERTY STREET AND DESIGNATED AS ASSESSOR PARCEL NUMBER 501-1130-50, AND FINDING THAT THE
PROPOSED PURCHASE IS EXEMPT FROM CEQA REVIEW
WHEREAS, the City of Fremont, a municipal corporation and general law city duly organized and existing under and pursuant to the Constitution and laws of the State of California (“City”), is authorized to enter into contracts and agreements and to acquire property for the benefit of the City; and
WHEREAS, City staff have negotiated terms under which City may purchase real property located at 39180 Liberty Street and identified as Assessor Parcel Number 501-1130-50 (“Property”) for $6,540,000 (“ Purchase Price ”) from the owner s, Alan N. Bishop, Successor Trustee of the Bishop 2001 Living Trust dated April 16, 2001; Shirley Ann Abreu, Trustee of the Abreu Living Trust dated November 3, 1988; Marilyn J. Gordon, Trustee of the Robert B. Gordon and Marilyn J. Gordon Declaration of Trust dated January 31, 1996 pursuant to a Standard Offer, Agreement, and Escrow Instructions for Purchase of Real Estate and Addendum to Standard Offer, Agreement (collectively, the “Agreement”); and
WHEREAS, the Property is located adjacent to existing City administrative buildings and is improved with a two -story office building with twelve suites occupied by several tenants for professional and medical office use; and
WHEREAS, the reasons supporting the entrance of the Cit y into the Agreement are set forth in detail in that certain City Council Staff Report entitled “ Property Acquisition– Approval of the Agreement to Purchase the Property Located at 39180 Liberty Street in the Amount of $6,540,000; Related Appropriation Act ions” submitted for City Council consideration at its meeting of August 15, 2023 (“Staff Report”), the contents of which Staff Report are incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fremont that the City Council does hereby resolve, determine and find as follows:
SECTION 1. Recitals. The above referenced recitals are true and correct and are incorporated into and form a material part of this Resolution.
SECTION 2. Approval and Authorization. The City Council does further resolve, order and/or direct as follows:
a. That the Agreement substantially in the form attached hereto as Exhibit A and incorporated herein by this reference is hereby approved.
Resolution 2023-XX Page 2 of 3 b. That the City Manager or their designee is hereby delegated authority to and is authorized and directed to execute the Agreement substantially in the form attached hereto as Exhibit A, subject to minor, technical changes approved by the City Attorney. The City Manager or their designee is also delegated authority to negotiate amendments to the terms of the Agreement with the approval of the City Attorney, including but not limited to purchase price reductions and time extensions, due to information discovered during the contingency period or during title review.
c. That the City Manager or her designee is authorized and directed to execute such additional instruments and to take such actions that, after consultation with the City Attorney, are deemed necessary or desirable to carry out, give effect to, and consummate the transaction contemplated by this Resolution, including, without limitation, executing supplemental escrow instructions and such tax forms and other documents as escrow holder may require, depositing the good faith deposit with the escrow holder, depositing the balance of the Purchase Price and executing and delivering to escrow holder a Certificate of Acceptance of the Grant Deed, an Assignment and Assumption of Leases, a Bill of Sale, and an Assignment and Assumption of Contracts substantially in the forms attached to the Agreement subject to minor, technical changes approved by the City Attorney.
SECTION 3. CEQA. The City Council hereby finds that this action is exempt from, and not subject to, further environmental review under CEQA pursuant to, without limitation, CEQA Guidelines 15183 (projects consistent with Community Plan, General Plan or Zoning), and/or 15162, as the project is covered by the analysis in the Supplemental Environmental Impact Report (SEIR) prepared for the Downtown Community Plan, certified by the City Council on September 18, 2012 by Resolution No. 2012-50 and the General Plan EIR, certified by the City Council on December 13, 2011 by Resolution No. 2011-68. None of the circumstances necessitating preparation of a subsequent EIR are present, as specified in CEQA Guidelines Section 15162, and none of the circumstances necessitating further evaluation are present as specified in CEQA Guidelines Section 15183. The action also is exempt pursuant to CEQA Guidelines Section 15378 (actions not a project) and 15061(b)(3) as no development proposal for the site is identified that would enable a reasonable evaluation of impacts. Each of the foregoing provides a separate and independent basis for CEQA compliance.
SECTION 4. Effective Date. This Resolution shall take effect immediately upon adoption.
ADOPTED___________, by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Resolution 2023-XX Page 3 of 3
_________________________________
Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________ City Clerk City Attorney