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Legislative Public Meetings

File #: 22-1364    Version: 1 Name:
Type: Consent Calendar Status: Agenda Ready
File created: 12/6/2022 In control: Council and Authorities Concurrent Meeting
On agenda: 12/6/2022 Final action: 12/6/2022
Title: Action on Amendment No. 5 to the Exclusive Negotiation Agreement and Amendment No. 3 for the Amended and Restated License Agreement with Habitat for Humanity East Bay / Silicon Valley for 3575 De La Cruz Boulevard
Attachments: 1. Habitat DeLaCruz Exclusive Negotiation Agreement ENA, 2. Habitat 1st Amendment ENA, 3. Habitat 2nd Amendment ENA, 4. Habitat 3rd Amendment 3rd ENA, 5. Habitat 4th Amendment ENA, 6. DRAFT Habitat 5th Amendment ENA, 7. DRAFT Amendment No. 3 Amended and Restated License Agreement
REPORT TO HOUSING AUTHORITY

SUBJECT
Title
Action on Amendment No. 5 to the Exclusive Negotiation Agreement and Amendment No. 3 for the Amended and Restated License Agreement with Habitat for Humanity East Bay / Silicon Valley for 3575 De La Cruz Boulevard

Report
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The City selected Habitat for Humanity East Bay / Silicon Valley (Developer) in 2018 through a competitive process as the developer for a City-owned affordable housing site at 3575 De La Cruz Boulevard. On April 9, 2019, the City Council approved an Exclusive Negotiation Agreement (ENA) with the Developer for the site. (Attachment 1)

The proposed project is the construction of 15 new units (previously 13 units) of affordable homeownership housing at the site, available to a diverse range of mixed income families earning between 50 percent (previously 60 percent) and 120 percent of the Area Median Income (AMI). The units would be developed as a mix of townhomes and flats, using a cohesive design that maximizes cost efficiencies while providing homes that are attractive, energy efficient, and durable. The conceptual site plan is intended to maximize the number of affordable homes while strategically addressing various site constraints, including positioning the new homes to minimally impact the adjacent property owners and provide a transition to the industrial park to the south.

The ENA provided an initial negotiating period of 18 months, commencing on the date the Agreement was fully executed, which could be extended for two additional periods of six months each by the City Manager upon presentation of a written request from the Developer together with a schedule of tasks to be accomplished during the additional period. Both six-month extensions have been authorized by the City Manager with the first authorized. As allowed under the ENA, the City Manager previously granted two six-month extensions for...

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