COOPERATION AGREEMENT
(Oak to Ninth Project)
This Cooperation Agreement is made and entered into effective as of August ____, 2006,
by and between the Oak to Ninth Community Benefits Coalition and the Redevelopment Agency
of the City of Oakland, pursuant to Agency Resolution No. 2006-0060 C.M.S. dated July 18,
2006
RECITALS
A.
The Agency is executing concurrently with execution of this Cooperation
Agreement a Development Agreement between the City, the Agency and Oakland Harbor
Partners, LLC, a California limited liability company ("Developer"), that contemplates
development of the Oak to Ninth Project, a mixed-income housing/retail/open space project,
under the terms set forth in the Development Agreement, as approved on June 20, 2006, by
Agency Resolution No. 2006-0047 C.M.S., and on July 18, 2006, by City Ordinance No.12760
C.M.S. (“Oak to Ninth Project”).
B.
The Development Agreement includes, among other things, a commitment by the
Agency to purchase a portion of the Oak to Ninth project site known as Parcel F and Parcel G for
the development of affordable housing by an affordable housing developer or developers chosen
pursuant to the Development Agreement.
C.
The Coalition supports development of the Oak to Ninth Project because it will
provide substantial affordable housing in the City of Oakland, as well as other important
community benefits, as set forth in this Cooperation Agreement and the Development Agreement.
The Coalition and the Agency have agreed that it is in their mutual interests to resolve any
concerns of the Coalition about the Oak to Ninth Project through cooperation and settlement,
rather than through litigation.
DEFINITIONS
As used in this Agreement, the following capitalized terms shall have the following meanings. All
definitions include both the singular and plural form.
“Affordable Rent” shall be as defined in California Health and Safety Code Section 50053(b) and
its implementing regulations.
The “Affordable Housing Parcels” mean Parcel F and Parcel G.
“Are