REDEVELOPMENT SUCCESSOR AGENCY OF THE CITY OF HAYWARD
RESOLUTION NO. _______________
Introduced by Board Member _______________
A RESOLUTION OF THE Board of Directors OF THE REDEVELOPMENT SUCCESSOR AGENCY OF THE CITY OF HAYWARD approving the Conveyance Agreement and consenting to the transfer of the leasehold interest in the Cinema Place property from 1069 B Street, LLC, to the Hayward Economic Development Corporation, and approving assignment of rights and duties under the various agreements that govern the relationship between the 1069 B Street, LLC and the Successor Agency, as well as finding the action is exempt from CEQA review WHEREAS, in 2005, the Hayward Redevelopment Agency (RDA) entered into a ground lease with the Cinema Place developer, which expires in 2056, for the Property located at 22631-228522 Foothill Blvd., (APN 428-0066-086 and 428-0066-085 (Property); and WHEREAS, in 2007, the RDA entered into a Parking Lot Maintenance Agreement with the Cinema Place developer for Municipal Lot 3; and WHEREAS, the lease and parking agreements were subsequently transferred to the Hayward Redevelopment Successor Agency (Successor Agency) and the current tenant: 1069 B Street, LLC, which holds a leasehold interest in the Property under the Ground Lease and holds specified rights under the Parking Agreement; and WHEREAS, 1069 B Street, LLC, recently notified the City of Hayward ("City") and the Successor Agency of its desire to sell and transfer its rights, duties and obligations in the Property and under the various agreements that govern the relationship between it and the Successor Agency; and WHEREAS, the City recognizes the benefits associated with the creation of economic opportunity and community economic development in the city; and WHEREAS, the City has formed a nonprofit public benefit corporation known as Hayward Economic Development Corporation (the "Corporation"); and WHEREAS, in an effort to further the City’s economic development goals and activities for the downtown area, the Corporation determined to purchase, from the 1069 B Street, LLC, the rights, duties, and obligations in the Property and entered into negotiations regarding the same; and WHEREAS, the Corporation and 1069 B Street, LLC, have reached agreement for the Corporation to purchase the leasehold interest of 1069 B Street, LLC, in the Property and assume its rights, duties and obligations under the various agreements for a sum not to exceed $8.5 million; and WHEREAS, this action is categorically exempt from CEQA per State CEQA Guidelines Section 15301, Class 1, Existing Facilities Exemption; Section 15061 (b) (3), General Rule or “Common Sense” Exemption.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Redevelopment Successor Agency of the City of Hayward, finds the above recitals true and correct and by this reference makes them a part hereof.
BE IT FURTHER RESOLVED, that the Board of Directors approves the Conveyance Agreement and consents to the transfer of the leasehold interest in the Cinema Place property from 1069 B Street, LLC, to the Hayward Economic Development Corporation.
BE IT FURTHER RESOLVED, that the Board of Directors approves and consents to the assignment of rights and duties under the various agreements that govern the relationship between the 1069 B Street, LLC and Redevelopment Successor Agency of the City of Hayward.
BE IT FURTHER RESOLVED, that the Executive Director is hereby authorized and directed to execute any and all documents necessary to effectuate the consent and approval of the transfer of the leasehold interest in the Cinema Place property and assignments of rights and duties under the various agreements that govern the relationship between the Redevelopment Successor Agency of the City of Hayward and 1069 B Street, LLC, from 1069 B Street, LLC to the Hayward Economic Development Corporation.
HAYWARD, CALIFORNIA, January _________, 2024
ADOPTED BY THE FOLLOWING VOTE:
AYES: BOARD MEMBERS:
CHAIR:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
ATTEST: ___________________________
Secretary of the
Redevelopment Successor Agency of the City of Hayward
APPROVED AS TO FORM:
___________________________________________________________________ General Counsel of the
Redevelopment Successor Agency of the City of Hayward
163\10\979140.4
ATTACHMENT III
ATTACHMENT III