Memo from City Manager to City Council Regarding Presentation on Exclusive Negotiation Agreements for Alameda Point Development Projects. (Base Reuse 819099), November 5, 2013



Now that the City owns significant portions of Alameda Point, the City is focused on facilitating near-term construction at Alameda Point. In the interest of commencing near-term development at Alameda Point, the City is preparing for City Council consideration in early 2014 a comprehensive zoning ordinance amendment (Zoning Amendment) and associated General Plan Amendments, a Master Infrastructure Plan (MIP), a Town Center and Waterfront Precise Plan (Town Center Plan), and an environmental impact report (EIR) for Alameda Point (collectively, Planning Approvals).

As the now property owner of much of the Alameda Point property, the City Council also must decide how it will dispose and develop property. As the Planning Approvals near completion, the next step will be for the City to negotiate disposition and development agreements (DDAs) with potential developers for sites within the Alameda Point property. DDAs are detailed agreements where a developer and the City agree on where, how and what is developed on a particular site; any price and terms of payment for the property; and descriptions of both developer and City roles and responsibilities in developing the property.

The typical process for negotiating DDAs commences with entering into an Exclusive Negotiation Agreement (ENA) between a developer and the City. In other words, the City agrees not to negotiate with any other developer regarding a particular property while both parties try to negotiate a mutually agreeable DDA within a certain timeframe. The presentation this evening provides a high-level summary of the typical process and content of an ENA.