File #: CONS 22-642   
Section: Consent Status: Agenda Ready
Meeting Body: City Council
Agenda Date: 11/15/2022 Final action:
Subject: Adopt a Resolution Authorizing the City Manager to Negotiate and Execute the First Amendment to the Disposition and Development Agreement with Trumark Properties, LLC to Allow Deferral of the Excess Purchase Price Above the Caltrans Base Purchase Price Until Issuance of Certificates of Occupancy for the Transfer of Parcel Group 5, Bunker Hill RECOMMENDATION
Attachments: 1. Attachment I Staff Report, 2. Attachment II Resolution
DATE: November 15, 2022

TO: Mayor and City Council

FROM: Assistant City Manager/Development Services Director

SUBJECT

Title
Adopt a Resolution Authorizing the City Manager to Negotiate and Execute the First Amendment to the Disposition and Development Agreement with Trumark Properties, LLC to Allow Deferral of the Excess Purchase Price Above the Caltrans Base Purchase Price Until Issuance of Certificates of Occupancy for the Transfer of Parcel Group 5, Bunker Hill

RECOMMENDATION
Recommendation

That the Council adopts a resolution (Attachment II) authorizing the City Manager to negotiate and execute the First Amendment to the Disposition and Development Agreement (DDA) with Trumark Properties, LLC allowing for deferral of the excess purchase price above the Caltrans base purchase price until issuance of certificate of occupancy for the transfer of Parcel Group 5, Bunker Hill.

End
SUMMARY

After abandoning the State Route 238 Bypass Project in the 1970s, Caltrans began selling parcels that had previously been acquired for the planned freeway. In order to ensure that future development of the State Route 238 parcels located in Hayward align with the City's land use policies and overall vision, the City negotiated a Purchase and Sale Agreement (PSA) with Caltrans to assume responsibility for the sale of some of these properties to private developers. The City-controlled State Route 238 properties are divided into ten "parcel groups." The 37.75-acre parcel group located west of the California State University Easy Bay (CSUEB) Campus between Carlos Bee Boulevard and Harder Road, referred to as "Parcel Group 5," is the subject of this staff report.

In July 2019, the Council approved the Master Development Plan for Parcel Group 5 and the issuance of a Request for Proposals (RFP) from developers for development of Parcel Group 5. In December 2019, the Council authorized the City Manager to negotiate and enter into an Exclusive...

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