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HomeMy WebLinkAboutReso 45-23 Approving the Third Amendment to the Memorandum of Understanding (Dublin Place Shopping Center) Reso. No. 45-23, Item 4.3, Adopted 06/06/2023 Page 1 of 2 RESOLUTION NO. 45 – 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A THIRD AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (DUBLIN PLACE SHOPPING CENTER) WHEREAS, on October 15, 2019, the City Council adopted Resolution No. 107-19 approving a Memorandum of Understanding (MOU) between the City of Dublin and ASVRF Acquisitions, LLC, ASVRF Dublin Place, LP, and ASVRF 6960 Amador LP also known as American Realty Advisors (ARA) for the Dublin Place Shopping Center; and WHEREAS, on April 6, 2021, the City Council adopted Resolution No. 26-21 approving a First Amendment to the MOU; and WHEREAS, on April 5, 2022, the City Council adopted Resolution No. 30-22 approving a Second Amendment to the MOU; and WHEREAS, upon the City’s request, ARA agreed to use commercially reasonable efforts to facilitate future development of the Shopping Center and site a Town Square, including the acquisition of 7300 Amador Plaza Rd. (the “Property); and WHEREAS, the MOU outlined the terms between ARA and the City as it related to the joint commitment of funds towards the acquisition of the Property; and WHEREAS, due to the COVID-19 pandemic and the ongoing significant impact to owners and tenants of retail properties, priorities were shifted and substantial delays in negotiations occurred; and WHEREAS, ARA has commenced negotiations again with the remaining property owner; however, additional time is needed; and WHEREAS, the City requested, and ARA agreed, to extend the MOU for a period of 18- months; and WHEREAS, ARA has requested to correct the address of the former Grocery Outlet building from 7950 Amador Valley Boulevard to 7590 Amador Valley Boulevard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Third Amendment to the Memorandum of Understanding between the City of Dublin and ASVRF 7300 Amador, LP, ASVRF Dublin Place, LP, and ASVRF 6960 Amador LP. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendments to the agreements, attached hereto as Exhibit A, and make any necessary, non- substantive changes to carry out the intent of this Resolution, as deemed appropriate by the City Manager. DocuSign Envelope ID: 91E18C8B-6332-4E18-B969-926165A93030 Reso. No. 45-23, Item 4.3, Adopted 06/06/2023 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 6th day of June 2023, by the following vote: AYES: Councilmembers Hu, Josey, McCorriston, Qaadri and Mayor Hernandez NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk DocuSign Envelope ID: 91E18C8B-6332-4E18-B969-926165A93030 Exhibit A DocuSign Envelope ID: 91E18C8B-6332-4E18-B969-926165A93030 DocuSign Envelope ID: 91E18C8B-6332-4E18-B969-926165A93030 DocuSign Envelope ID: 91E18C8B-6332-4E18-B969-926165A93030