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Home My WebLink About2005-03-23 e-packetAGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, MARCH 23, 2005 7:00 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Agency business, we proceed as follows: The regular meetings of the Redevelopment Agency are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents Redevelopment Agency from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Board action. RAYMOND L. GREEN Chair JOSEPH A. FERNEKES Vice Chair PEDRO GONZALEZ Boardmember RICHARD BATTAGLIA Investment Officer BARRY M. NAGEL Executive Director RICHARD A. GARBARINO, SR. Boardmember KARYL MATSUMOTO Boardmember SYLVIA M. PAYNE Clerk STEVEN T. MATTAS Counsel PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT IS AVAiLABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: MUNICIPAL SERVICES BUILDING CITY COUNCIL COMMUNITY ROOM 33 ARROYO DRIVE WEDNESDAY, MARCH 23, 2005 7:02 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of Califomia, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 23rd day of March, 2005, at 7:02 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Call to Order 2. Roll Call 3. Public Comments - comments ,are limited to items on file Special Meeting Agenda 4. Closed Session: Pursuant to Government Code Section 54956.9(a), meeting with legal counsel, South San Fr,'mcisco v. Ned Pepper, Inc. et al. 5. Adjournment lerk AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, MARCH 23, 2005 7:30 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. RAYMOND L. GREEN Mayor JOSEPH A. FERNEKES Mayor Pro Tem RICHARD A. GARBARINO, SR. Councilman PEDRO GONZALEZ Councilman KARYL MATSUMOTO Councilwoman RICHARD BATTAGLIA City Treasurer SYLVIA M. PAYNE City Clerk BARRY M. NAGEL City Manager STEVEN T. MATTAS City Attorney PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS · Colma Creek Construction Update- Public Works Director White · Armed Services Support Efforts - Certificates of Recognition to Christine Duff and Marianne Tuakoi AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL · Announcements · Committee Reports · Appointment of City Manager as representative to Colma Creek Flood Control Zone Advisory Committee CONSENT CALENDAR 1. Motion to approve the minutes of March 9, 2005 2. Motion to confirm expense claims of March 23, 2005 3. Motion to accept board and commission orientation training program Motion to adopt an ordinance amending development agreement for 333 Oyster Point Boulevard, Slough Estates o Resolution authorizing the execution of an agreement for computer software and installation services with BIO-key International, Inc. for an amount not to exceed $25,000 o Resolution authorizing the submittal of a Work Force Housing application and execution of an agreement with the State of California Department of Housing and Community Development to secure a reward grant Resolution approving the Marbella Condominium subdivision final map and subdivision improvement agreement and authorizing the concurrent recordation of map, agreement, CC&Rs and related documents o Resolution authorizing the acceptance of the offer of dedication for a pedestrian easement, street lighting and traffic signalization easement at 230 Oyster Point Boulevard (Malcolm Drilling) as shown on Parcel Map 04-0031 REGULAR CITY COUNCIL MEETING MARCH 23, 2005 AGENDA PAGE 2 PUBLIC HEARING Consideration of appeal of Planning Commission's decision to revoke the Use Permit (UP-96-090) for live entertainment (karaoke) at Christy's Bar & Grill, an existing cocktail lounge at 309 Airport Boulevard, in accordance with SSFMC Section 20.91.030; Appellant: Kent Sato (continued from the meeting of March 9, 2005) Request to continue to April 13, 2005 COUNCIL COMMUNITY FORUM ADJOURNMENT REGULAR CITY COUNCIL MEETING MARCH 23, 2005 AGENDA PAGE 3 /1GENDA ITEM #3 Staff Report DATE: TO: FROM: SUBJECT: March 23, 2005 Honorable Mayor and City Council Steven T. Mattas, City Attorney By: Peter Spoerl, Assistant City Attorney PROPOSED OUTLINE MATERIALS FOR "CITIZEN'S ACADEMY" ORIENTATION AND TRAINING SEMINAR FOR PROSPECTIVE AND NEW MEMBERS OF CITY BOARDS AND COMMISSIONS RECOMMENDATION: Consider the staff report, attached seminar outline, and provide staff with direction to implement the Academy and hold the first training in September or October of 2005. BACKGROUND/DISCUSSION: At a special City Council meeting on January 11, 2005, the City Council discussed the possibility of developing an orientation program for prospective and new members of City Boards and Commissions. The Council provided staff with direction to develop a proposal for this "Citizen's Academy." This report responds to that request. The Citizen's Academy would be a short and informational program conducted by staff from the City Attorney's office and other departments. As envisioned, the Academy would have a workshop or seminar format, and would provide both prospective and newly-appointed members of City Boards and Commissions with information and orientation as to the City's organizational structure, state law regulations and ethical laws relevant to their service on a City Board or Commission, duties and responsibilities of the various Boards and Commissions, and a brief overview of parliamentary procedure. The program would begin with a brief description of the City's organizational structure, providing an overview of the relationship between the City Council, management and staff, with a description of the Boards and Commissions' advisory role to the City Council. This would be followed by an introduction to some of the legal issues that arise from service as a public official. Topics covered would include the state's Open Meeting requirements under the Brown Act, a brief introduction to the California Fair Political Practices Commission's conflict of interest regulations as promulgated under the Political Reform Act, and an introduction to common law conflicts of interest. The program would include a brief presentation on the duties and responsibilities of each City Board and Commission prepared by the City departments affiliated with each respective body. Finally, the program would include a brief introduction to the basic mechanics of parliamentary procedure. The training would last approximately three hours, and would be offered in September or October in order to offer orientation to interested members of the public prior to the expiration of member terms on December 31 of each year. Steven T. Mattas, City Attorney Approved: ~X. ' ~y-- '~- "' ~t~arry I~I. Nagel, Manager Citizens' Academy Program outline 1) Introduction to City's Organizational Structure a) Overview of Organizational Structure b) Role of City Council c) Role of City Manager d) Role of City Attorney e) Role of Staff f) Advisory role of Council-appointed members on Boards and Commissions 2) Open Meeting Laws in California: Ralph M. Brown Act a) Introduction, Purpose and Scope of Brown Act b) Bodies Covered by the Brown Act- application to Boards and Commissions c) "Meeting" defined d) Exceptions i) Individual Contact Exception ii) Conferences iii) Community Meetings iv) Meetings of other Bodies under Same Local Agency v) Social or Ceremonial Occasions vi) Standing Committee Exception e) Serial Meetings i) Individual Contacts Between Members of the Public and Board Members ii) Video Teleconferencing and Conference Telephone Calls iii) Writings as Meetings iv) Emails f) Notice and Agenda Requirements i) Regular Meetings (1) Agenda Requirements (2) Exceptions to Agenda Requirements (3) Public testimony and participation ii) Special Meetings iii) Emergency Meetings g) Adjournments and Continuances 3) The Political Reform Act: Conflicts of interest a) Introduction, Purpose and Scope of the Political Reform Act b) Disclosure Requirements for Appointed Public Officials c) Eight-step analysis for analysis of potential conflicts of interest d) Real Property Interests e) Applicable standard of materiality f) Direct and Indirect Interests 736249-1 g) Business entities h) Role of the Fair Political Practices CommisSion and City Attorney 4) Common Law Conflicts of Interest s) Introduction to Parliamentary Procedure a) Basic format for an agenda item discussion b) Motions- three basic motions i) The basic motion ii) The motion to amend iii) The substitute motion iv) When multiple motions are before the governing body c) Debate i) The motion to adjourn ii) The motion to recess iii) The motion to fix the time to adjourn iv) The motion to table v) Motions to limit debate d) Majority and Super-majority votes i) Motion to limit debate ii) Motion to close nominations iii) Motion to reconsider e) Courtesy and Decorum f) Privilege g) Order h) Appeal i) Call for orders of the day j) Public comment/public input 6) Roles and Responsibilities of City Boards and Commissions a) Library Board of Trustees b) Planning Commission c) Historic Preservation Commission d) Parks and Recreation Commission e) Personnel Board f) Parking Place Commission g) Conference Center Authority h) CulturalArts Commission 736249-1 StaffReport AGENDA ITEM #4 DATE: TO: FROM: SUBJECT: March 23, 2005 The Honorable Mayor and City Council Steven T. Mattas, City Attorney AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT FOR THE 333 OYSTER POINT SLOUGH ESTATES PROJECT RECOMMENDATION: Adoption of an Ordinance adopting a Development Agreement for the 333 Oyster Point Slough Estates Project located in the City of South San Francisco. BACKGROUND/DISCUSSION: Council has previously waived reading and introduced the following ordinance. The Ordinance is now ready for adoption. AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT FOR THE 333 OYSTER POINT SLOUGH ESTATES PROJECT (Introduced 3/9/05 Vote 5-0) By: 'S~ C~t~~t~~o?---~'--~'~'~'4gM ~~ -- · , 'y y y . gC~,Cit}'-~anager Enclosure: Ordinance ORDINANCE NO. AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT FOR THE 333 OYSTER POINT SLOUGH ESTATES PROJECT LOCATED IN THE CITY OF SOUTH SAN FRANCISCO WHEREAS, on October 21, 2004, the Planning Commission of the City of South San Francisco conducted a study session to provide comments on a proposed research and development/office project consisting of three R&D/Office buildings and a six level parking garage located on the north side of Oyster Point Boulevard opposite of Eccles Avenue; and WHEREAS, on February 17, 2005, the Planning Commission heard testimony and received evidence on the proposed project, including the proposed Development Agreement; and WHEREAS, in accordance with the California Environmental Quality Act, an Environmental Impact Report ("EIR") and Statement of Overriding Considerations was certified and adopted on March 9, 2005, prior to any action on the Development Agreement; and WHEREAS, pursuant to Municipal Code section 19.60.050, the Director of Economic and Community Development has reviewed the Amendment and found it to be in the proper form and thereafter referred the Amendment to the Planning Commission for a public hearing; and WHEREAS, on February 17, 2005, at a duly noticed public hearing of the City of South San Francisco Planning Commission, the Commission heard testimony and received evidence regarding the proposed Development Agreement and thereafter, on a unanimous vote, recommended that the City Council adopt the proposed Agreement; and WHEREAS, on March 9, 2005, pursuant to Municipal Code section 19.060.110 the City Council conducted a property noticed public heating on the proposed Development Agreement for the project. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: Section 1. Findings mo The proposed Development Agreement for the 333 Oyster Point Project is consistent with the objectives, policies, general land uses and programs specified in the General Plan, as amended and adopted. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of the General Plan, the findings adopted in support of the Use Permit and the EIR. The Project provides high value jobs for persons in the biotechnology fields and the campus style development that includes an aggressive Transportation Demand Management Program and public art. The Agreement specifies the permitted uses on the property and limits development to those uses. The proposed Development Agreement complies with all applicable zoning, subdivision, and building regulations and with the General Plan. The City Council independently reviewed the proposed Development Agreement, the General Plan, Chapters 20.81 and 20.120 of the Zoning Ordinance as amended, Chapter 19.60 of the South San Francisco Municipal Code, Title 15 of the Municipal Code, and applicable state and federal law. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of these documents and advice in the record from City staff, including staff reports, testimony and resolutions. Co The proposed Development Agreement for the Project states its specific duration. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of the proposed Development Agreement and its determination that Section 2 of the Agreement states that the Agreement will expire 10 years from the effective date of the Agreement but no later than May 1, 2015. Do The proposed Development Agreement specifies the permitted uses of the property subject to conditions of approval included with the Use Permit. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of the proposed Development Agreement and its determination that Section 3 of the Agreement sets forth the documents stating the permitted uses. mo The proposed Development Agreement states the permitted density and intensity of use of the property. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of the proposed Development Agreement. Fo The proposed Development Agreement defines the permitted height and size of proposed buildings on the property subject to conditions of approval. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of the proposed Development Agreement and its determination that Section 3 of the Agreement sets forth the documents which state the maximum permitted height and size of buildings. G° The proposed Development Agreement does not propose any dedication of land for public purposes from the property subject thereto. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of the proposed Development Agreement. Section 2. The City Council of the City of South San Francisco hereby adopts this ordinance approving a Development Agreement between the City of South San Francisco and Slough Estates for the 333 Oyster Point Project. The approved Development Agreement is attached hereto as Exhibit A and incorporated herein by reference. Section 3. Severability. In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Section 4. Publication and Effective Date. Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the day of ., 2005. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held the __ day of ., 2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: As Mayor of the City of South San Francisco, I do Ordinance this __ day of ,2005. City Clerk hereby approve the foregoing Mayor DEVELOPMENT AGREEMENT 333 Oyster Point Boulevard EXHIBIT A This DEVELOPMENT AGREEMENT FOR 333 OYSTER POINT OFFICE/RESEARCH AND DEVELOPMENT PROJECT ("PROJECT") is dated , 2005 ("Agreement"), between SLOUGH BTC, LLC, a Delaware limited liability company ("Owner"), and the CITY OF SOUTH SAN FRANCISCO, a municipal corporation organized and existing under the laws of the State of California ("City"). Owner and City are collectively referred to herein as "Parties." RECITALS mo WHEREAS, California Government Code Sections 65864 through 65869.5 authorize the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property or on behalf of those persons having same; and, Bo WHEREAS, Slough BTC, LLC, the Owner, has a legal interest in the real property subject to this Agreement; and, WHEREAS, pursuant to Government Code Section 65865, the City has adopted rules and regulations, embodied in Chapter 19.60 of the South San Francisco Municipal Code, establishing procedures and requirements for adoption and execution of development agreements; and, Do WHEREAS, this Agreement concerns property located at 333 Oyster Point Boulevard, as shown and more particularly described in Attachment 1 attached hereto and incorporated herein by reference ("Property"); and, WHEREAS, the Owner has submitted a development proposal to the City, commonly known as the Oyster Point Boulevard Project, consisting of development of three (3) office/Research and Development buildings with an aggregate square footage of approximately 315,444 square feet and a six (6) level ramped parking structure as depicted on the 333 Oyster Point Development Plan Set dated June 15, 2004, prepared by Chamorro Design Group, including the application for a Use Permit, dated June 30, 2004, attached hereto as Attachment 2 and incorporated herein by reference (the "Plan Set"), to be located on the Property (the "Project"); and, Fo WHEREAS, Owner has requested that the City enter into this Agreement to set forth the fights and obligations of the parties relating to the development of the Project; and, Go WHEREAS, all proceedings necessary for the valid adoption and execution hereof have taken place in accordance with Government Code Sections 65864 through 65869.5, the California Environmental Quality Act and with Chapter 19.60 of the South San Francisco Municipal Code; and, Development Agreement Exhibit A Page 2 of 16 WHEREAS, the City Council and the Planning Commission have found that this Agreement is consistent with the objectives, policies, general land uses and programs specified in the South San Francisco General Plan as adopted on October 13, 1999 and as amended from time to time; and, WHEREAS, on , 2005, the City Council adopted Ordinance No. approving and adopting this Agreement and the Ordinance thereafter took effect on ,2005. AGREEMENT NOW, THEREFORE, the Parties, pursuant to the authority contained in Government Code Sections 65864 through 65869.5 and Chapter 19.60 of the South San Francisco Municipal Code and in consideration of the mutual covenants and agreements contained herein, agree as follows: 1. Effective Date Pursuant to Chapter 19.060.140, notwithstanding the fact that the City Council adopts an ordinance approving this Agreement, the Agreement shall be effective and shall only create obligations for the Parties from and after the date that the ordinance approving this Agreement takes effect ("Effective Date"). 2. Duration This Agreement shall expire ten (10) years from the Effective Date of this Agreement, but in no event later than May 1, 2015. In the event that litigation to which the City is a party against the Owner, or any of its officers, agents, employees, contractors, representatives or consultants, should delay implementation or construction of the Project on the Property, the expiration date of this Agreement shall be extended for a period equal to the length of time from the time the summons and complaint is served on the defendant(s) until the judgment entered by the court is final and not subject to appeal; provided, however, that the total amount of time for which the expiration date shall be extended as a result of such litigation shall not exceed five (5) years. 3. Project Description; Development Standards For Project The Project shall consist of three (3) Office/Research and Development buildings totaling approximately 315,444 square feet, a six (6) level parking garage and other structures and improvements as provided in the Plan Set and as approved by the City Council. (a) The permitted uses, the density and intensity of uses, the maximum heights, locations and total area of the proposed buildings, the provisions for vehicular access and parking, any reservation or dedication of land, any public improvements, facilities and services, and all environmental impact mitigation measures imposed as approval conditions for the Project, shall be exclusively Development Agreement Exhibit A Page 3 of 16 those provided in the Plan Set, Use Permit, Development Plan (as prepared pursuant to Section 5 below), Environmental Impact Report and this Agreement as approved by the City Council and the applicable ordinances in effect as of the Effective Date, except as modified in this Agreement, and applicable provisions of the South San Francisco Municipal Code as in effect on the Effective Date. (b) Subject to Owner's fulfillment of its obligations under this Agreement, upon the Effective Date of this Agreement, the City hereby grants to Owner a vested right to develop and construct on the Property all the improvements for the Project authorized by, and in accordance with the terms of this Agreement, the Plan Set as approved by the City Council and the applicable ordinances in effect as of the Effective Date. (c) Upon such grant of right, no future amendments to the City General Plan, the City Zoning Code, the City Municipal Code, or other City ordinances, policies or regulations in effect as of the Effective Date shall apply to the Project, except such future modifications that are not in conflict with and do not prevent the development proposed in the Plan Set and as approved by the City Council; provided, however, that nothing in this Agreement shall prevent or preclude the City from adopting any land use regulations or amendments expressly permitted herein or otherwise required by State or Federal Law. (d) The Use Permit granted by City shall not require an extension during the term of this Agreement provided Owner is not in breach of the terms of this Agreement or the Conditions of Approval for said Use Permit. 4. Obligations of Owner. In consideration of the entitlements conferred upon Owner, Owner has agreed to implement the obligations of Owner set forth in Attachment 3 attached hereto and incorporated herein, according to the terms and conditions set forth therein. 5. Permits For Project. Owner shall submit a Development Plan for development of the Project at the earlier of October 1, 2005, or within sixty (60) days of applying for a grading permit for the project. The Development Plan shall address, at a minimum, the landscaping and common improvements required for the Project. The City shall issue building permits and certificates of occupancy only after the City has reviewed and approved Owner's applications therefor. City staff review of applications for permits or other entitlements shall be limited to determining whether the following conditions are met: (a) The application is complete; and, Development Agreement Exhibit A Page 4 of 16 (b) (c) (d) (e) Owner has complied with the conditions of the City Council's approval of the Project, all applicable Uniform Codes, the South San Francisco Municipal Code, CEQA requirements, including any required mitigation measures, governing issuance of such permits or certificates and Federal and State Laws; and, Owner has obtained Design Review approval for the Project, including required approval of Landscape and Common Improvements; and, All applicable processing, administrative and legal fees have been paid subject to the provisions of this Agreement; and, For Certificates of Occupancy only, City has approved the landscaping and other improvements for the Project. 6. Vesting of Approvals. Upon the City' s approval of the Use Permit and this Agreement, such approvals shall vest in Owner and its successors and assigns for the term of this Agreement provided that the successors and assigns comply with the terms and conditions of said permit, including, but not limited to, submission of insurance certificates and bonds for the grading of the Property and construction of improvements. 7. Cooperation Between Parties in Implementation of This Agreement. The Owner and City shall proceed in a reasonable and timely manner, in compliance with the deadlines mandated by applicable agreements, statutes or ordinances, to complete all steps necessary for implementation of this Agreement and development of the Property in accordance with the terms of this Agreement. The City shall proceed in an expeditious manner to complete all actions required for the development of the Project, including but not limited to the following: (a) Scheduling all required public hearings by the City Council and City Planning Commission; and (b) Processing and checking all maps, plans, permits, building plans and specifications and other plans relating to development of the Property filed by Owner or its nominee, successor or assign as necessary for development of the Property, and inspecting and providing acceptance of or comments on work by Owner that requires acceptance or approval by the City. (c) Owner, in a timely manner, shall provide City with all documents, applications, plans and other information necessary for the City to carry out its obligations hereunder and shall cause Owner's planners, engineers and all other consultants to submit in a timely manner all necessary materials and documents. It is the Parties' express intent to cooperate with one another and diligently work to implement all land use and building approvals for development of the Property in accordance with the terms of this Agreement. Development Agreement Exhibit A Page 5 of 16 8. Acquisition of Other Property; Eminent Domain In order to facilitate and insure development of the Project in accordance with the Plan Set and the City Council's approval, the City may assist Owner, at Owner's request and at Owner's sole cost and expense, in acquiring any easements or properties necessary for the satisfaction and completion of any off-site components of the Project required by the City Council to be constructed or obtained by Owner in the Council's approval of the Project and the Plan Set, in the event Owner is unable to acquire such easements or properties or is unable to secure the necessary agreements with the applicable property owners for such easements or properties. Owner expressly acknowledges that the City is under no obligation to use its power of Eminent Domain. 9. Maintenance Obligations on Property All of the Property subject to this Agreement shall be maintained by Owner or its successors in perpetuity. The Property shall be maintained in accordance with City requirements to prevent accumulation of litter and trash, to keep weeds abated, and to provide erosion control, and other requirements set forth in the South San Francisco Municipal Code, subject to City approval. (a) If Owner subdivides the property or otherwise transfers ownership of a parcel or building in the Project to any person or entity such that the Property is no longer under single ownership, Owner shall first establish an Owner's Association and submit Conditions, Covenants and Restrictions to the City for review and approval by the City Attorney. Said CC&Rs shall satisfy the requirements of Municipal Code section 19.36.040. (b) Any provisions of the conditions, covenants, and restrictions governing the Project relating to the maintenance obligations under this section shall be enforceable by the City. 10. Fees. No future fee requirements, other than those identified herein, imposed by the City or changes to existing fee requirements (other than those currently subject to annual increases as specified in the adopting or implementing Resolutions and Ordinances) that occur on or after the Effective Date of this Agreement, shall apply to the Project. Owner shall not be responsible for any fees imposed by the City in connection with the development and construction of the Project, except as otherwise set forth in this Agreement and/or the Use Permit and those in existence as of the Effective Date of this Agreement. (a) Revised Application Fees. Any existing application, processing, administrative, legal and inspection fees that are revised during the term of this Agreement shall apply to the Project provided that (1) such fees have general applicability; (2) the application of such fees to the Property is prospective; and (3) the application of such fees would not prevent development in accordance with this Agreement. Development Agreement Exhibit A Page 6 of 16 11. New Taxes. Any subsequently enacted city-wide taxes shall apply to the Property provided that: (1) the application of such taxes to the Property is prospective; and (2) the application of such taxes would not prevent development in accordance with this Agreement. 12. Assessments Nothing herein shall be construed to relieve the Property from common benefit assessments levied against it and similarly situated properties by the City pursuant to and in accordance with any statutory procedure for the assessment of property to pay for infrastructure and/or services which benefit the Property. 13. Indemnity. Owner agrees to indemnify, defend (with counsel approved by City, which approval shall not be unreasonably withheld, but in no event shall this Section require City to waive its right to assert a conflict in said representation) and hold harmless City, and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs (including legal fees and costs) and liability for any personal injury or property damage which may arise directly or indirectly as a result of any actions or inactions by Owner, or any actions or inactions of Owner's contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Project, provided that Owner shall have no indemnification obligation with respect to gross negligence or willful misconduct of City, its contractors, subcontractors, agents or employees or with respect to the maintenance, use or condition of any public improvement after the time it has been dedicated to and accepted by the City or another public entity (except as provided in an improvement agreement or maintenance bond). 14. Interests of Other Owners Owner has no knowledge of any reason why Owner, and any other persons holding legal or equitable interests in the Property as of the date on which title to the Property vests of record in Owner, will not be bound by this Agreement. 15. Assignment (a) Right to Assign. Owner may at any time or from time to time transfer its right, title or interest in or to all or any portion of the Property. In accordance with Government Code Section 65868.5, the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to Owner. As a condition precedent to any such transfer, Owner shall require the transferee to acknowledge in writing that transferee has been informed, understands and agrees that the burdens and benefits under this Development Agreement Exhibit A Page 7 of 16 Agreement relating to such transferred property shall be binding upon and inure to the benefit of the transferee. (b) Notice of Assignment or Transfer. No transfer, sale or assignment of Owner's rights, interests and obligations hereunder shall occur without the prior written notice to City and approval by the City Manager, which approval shall not be unreasonably withheld or delayed. The City Manager shall consider and decide the matter within 10 days after Owner's notice, provided all necessary documents, certifications and other information are provided to the City Manager. (c) Exception for Notice. Notwithstanding Section 15(b), Owner may at any time, upon notice to City but without the necessity of any approval by City, transfer the Property or any part thereof and all or any part of Owner's rights, interests and obligations hereunder to: (i) any subsidiary, affiliate, parent or other entity which controls, is controlled by or is under common control with Owner, (ii) any member or partner of Owner or any subsidiary, parent or affiliate of any such member or partner, or (iii) any successor or successors to Owner by merger, consolidation, non-bankruptcy reorganization or government action. As used in this paragraph, "control" shall mean the possession, directly or indirectly, of the power to direct or cause the direction of management or policies, whether through the ownership of voting securities, partnership interest, contracts (other than those that transfer Owner's interest in the property to a third party not specifically identified in this subsection (c)) or otherwise. (d) Release Upon Transfer. Upon the transfer, sale, or assignment of all of Owner's rights, interests and obligations hereunder pursuant to Section 15(a), Section 15(b) and Section 15(c) of this Agreement, Owner shall be released from the obligations under this Agreement, with respect to the Property transferred, sold, or assigned, arising subsequent to the date of City Manager approval of such transfer, sale, or assignment or the effective date of such transfer, sale or assignment, whichever occurs later; provided, however, that if any transferee, purchaser or assignee approved by the City Manager expressly assumes any right, interest or obligation of Owner under this Agreement, Owner shall be released with respect to such rights, interests and assumed obligations. In any event, the transferee, purchaser or assignee shall be subject to all the provisions hereof and shall provide all necessary documents, certifications and other necessary information prior to City Manager approval. (e) Owner's Right to Retain Specified Rights or Obligations. Notwithstanding subparagraphs 15(a) and (c), Owner may withhold from a sale, transfer or assignment of this Agreement certain rights, interests and/or obligations which Owner shall retain, provided that Owner specifies such rights, interests and/or obligations in a written document to be appended to or maintained with this Agreement and recorded with the San Mateo County Recorder prior to or concurrently with the sale, transfer or assignment of the Property. Owner's Development Agreement Exhibit A Page 8 of 16 purchaser, transferee or assignee shall then have no interest in or obligation for such retained rights, interests and obligations and this Agreement shall remain applicable to Owner with respect to such retained rights, interests and/or obligations. (f) Time for Notice. Within 10 days of the date escrow closes on any such transfer, Owner shall notify City in writing of the name and address of the transferee. Said notice shall include a statement as to the obligations, including any mitigation measures, fees, improvements or other conditions of approval, assumed by the transferee. Any transfer which does not comply with the notice requirements of this section and Section 15(b) shall not release Owner from its obligations to City under this Agreement until such time as City is provided notice in accordance with Section 15(b). 16. Insurance. (a) Public Liability and Property Damage Insurance. During the term of this Agreement, Owner shall maintain in effect a policy of comprehensive general liability insurance with a per-occurrence combined single limit of not less than ten million dollars ($10,000,000.00) and a deductible of not more than ten thousand dollars ($10,000.00) per claim. The policy so maintained by Owner shall name City as an additional insured and shall include either a severability of interest clause or cross-liability endorsement. (b) Workers Compensation Insurance. During the term of this Agreement Owner shall maintain Worker's Compensation insurance for all persons employed by Owner for work at the Project site. Owner shall require each contractor and subcontractor similarly to provide Worker's Compensation insurance for its respective employees. Owner agrees to indemnify City for any damage resulting from Owner's failure to maintain any such required insurance. (c) Evidence of Insurance. Prior to City Council approval of this Agreement, Owner shall furnish City satisfactory evidence of the insurance required in Sections (a) and (b) and evidence that the carrier will provide City at least ten days prior written notice of any cancellation or reduction in coverage of a policy if the reduction results in coverage less than that required by this Agreement. In the event of a reduction (below the limits required in this Agreement) or cancellation in coverage, or change in insurance carriers or policies, Owner shall, prior to such reduction, cancellation or change, provide at least ten (10) days prior written notice to City, regardless of any notification by the applicable insurer. If City discovers that the policies have been cancelled or reduced below the limits required in this Agreement and no notice has been provided by either insurer or Owner, said failure shall constitute a material breach of this Agreement. Development Agreement Exhibit A Page 9 of 16 17. 18. In the event of a reduction (below the limits required by this Agreement) or cancellation in coverage, Owner shall have five (5) days in which to provide evidence of the required coverage during which time no persons shall enter the Property to construct improvements thereon, including construction activities related to the landscaping and common improvements. Additionally, no persons not employed by existing tenants shall enter the Property to perform such works until such time as City receives evidence of substitute coverage. If Owner fails to obtain substitute coverage within five (5) days, City may obtain, but is not required to obtain, substitute coverage and charge Owner the cost of such coverage plus an administrative fee equal to ten percent of the premium for said coverage. (d) The insurance shall include City, its elective and appointive boards, commissions, officers, agents, employees and representatives as additional insureds on the policy. Covenants Run With The Land The terms of this Agreement are legislative in nature, and apply to the Property as regulatory ordinances. During the term of this Agreement, all of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall run with the land and shall be binding upon the Parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees and all other persons or entities acquiring the Property, any lot, parcel or any portion thereof, and any interest therein, whether by sale, operation of law or other manner, and they shall inure to the benefit of the Parties and their respective successors. Conflict with State or Federal Law In the event that State or Federal laws or regulations, enacted after the Effective Date, prevent or preclude compliance with one or more provisions of this Agreement, such provisions of this Agreement shall be modified (in accordance with Section 19 set forth below) or suspended as may be necessary to comply with such State or Federal laws or regulations. Notwithstanding the foregoing, Owner shall have the right to challenge, at its sole cost, in a court of competent jurisdiction, the law or regulation preventing compliance with the terms of this Agreement and, if the challenge in a court of competent jurisdiction is successful, this Agreement shall remain unmodified and in full force and effect. Development Agreement Exhibit A Page 10 of 16 19. Procedure for Modification Because of Conflict with State or Federal Laws. 20. 21. 22. 23. In the event that state or federal laws or regulations enacted after the effective date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, the parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Any such amendment or suspension of the Agreement shall be approved by the City Council in accordance with Chapter 19.60. Periodic Review During the term of this Agreement, the City shall conduct "annual" and/or "special" reviews of Owner's good faith compliance with the terms and conditions of this Agreement in accordance with the procedures set forth in Chapter 19.60 of the South San Francisco Municipal Code. City may recover reasonable costs incurred in conducting said review, including staff time expended and attorney' s fees. Amendment or Cancellation of Agreement This Agreement may be further amended or terminated only in writing and in the manner set forth in Government Code Sections 65865.1, 65867.5, 65868, 65868.5 and Chapter 19.60 of the South San Francisco Municipal Code. Agreement is Entire Agreement. This Agreement and all attachments attached hereto or incorporated herein contain the sole and entire Agreement between the parties concerning the Property. The parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this Agreement or any representations inducing the execution and delivery hereof, except representations set forth herein, and each party acknowledges that it has relied on its own judgment in entering this Agreement. The parties further acknowledge that all statements or representations that heretofore may have been made by either of them to the other are void and of no effect, and that neither of them has relied thereon in its dealings with the other. Events of Default Owner shall be in default under this Agreement upon the happening of one or more of the following events occurring in connection with the Project or this Agreement: (a) If a warranty, representation or statement made or furnished by Owner to the City is false or proves to have been false in any material respect when it was made; or (b) A finding and determination by the City made following an annual or special review under the procedure provided for in Government Code Section 65865.1 Development Agreement Exhibit A Page 11 of 16 and Chapter 19.60 of the South San Francisco Municipal Code that, upon the basis of substantial evidence, Owner has not complied in good faith with the terms and conditions of this Agreement; or, (c) Owner fails to fulfill any of its obligations set forth in this Agreement and such failure continues beyond any applicable cure period provided in this Agreement. This provision shall not be interpreted to create a cure period for any event of default where such cure period is not specifically provided for in this Agreement. 24. Procedure upon Default (a) Upon the occurrence of an event of default, City may terminate or modify this Agreement in accordance with the provisions of Government Code Section 65865.1 and of Chapter 19.60 of the South San Francisco Municipal Code. (b) The City shall not be deemed to have waived any claim of defect in Owner's performance if, on annual or special review, the City does not propose to terminate this Agreement. (c) No waiver or failure by the City or Owner to enforce any provision of this Agreement shall be deemed to be a waiver of any provision of this Agreement or of any subsequent breach of the same or any other provision. (d) Any actions for breach of this Agreement shall be decided in accordance with California law. The remedy for breach of this Agreement shall be limited to specific performance. (e) The City shall give Owner written notice of any default under this Agreement, and Owner shall have thirty (30) days after the date of the notice to cure the default or to reasonably commence the procedures or actions needed to cure the default. 25. Attorneys fees and costs If legal action by either Party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing Party is entitled to reasonable attorney's fees and court costs. (a) Action by Third Party. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement or the Project Approvals, the parties shall cooperate in defending such action. Owner shall bear its own costs of defense as a real party in interest in any such action, and shall reimburse City for all reasonable court costs and attorneys' fees expended by City in defense of any such action or other proceeding. Development Agreement Exhibit A Page 12 of 16 26. Severabilit¥ If any material term or condition of this Agreement is for any reason held by a final judgment of a court of competent jurisdiction to be invalid, and if the same constitutes a material change in the consideration for this Agreement, then this entire Agreement shall likewise be invalid, and shall be deemed null and void and of no further force or effect following such judicial determination. 27. No Third Parties Benefited No person other than the City, Owner, or their respective successors is intended to or shall have any right or claim under this Agreement, this Agreement being for the sole benefit and protection of the parties hereto and their respective successors. Similarly, no amendment or waiver of any provision of this Agreement shall require the consent or acknowledgment of any person not a Party or successor to this Agreement. 28. Binding Effect of Agreement The provisions of this Agreement shall bind and inure to the benefit of the Parties originally named herein and their respective successors and assigns. 29. Relationship of Parties It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Owner and that the Owner is not an agent of City. The parties do not intend to create a partnership, joint venture or any other joint business relationship by this Agreement. The City and Owner hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Owner joint venturers or partners. Neither Owner nor any of Owner's agents or contractors are or shall be considered to be agents of City in connection with the performance of Owner's obligations under this Agreement. 30. Bankruptcy The obligations of this Agreement shall not be dischargeable in bankruptcy. 31. Mortgagee Protection: Certain Rights of Cure (a) Mortgagee Protection. This Agreement shall be superior and senior to all liens placed upon the Property or any portion thereof after the date on which this Agreement or a memorandum of this Agreement is recorded, including the lien of any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against all Development Agreement Exhibit A Page 13 of 16 persons and entities, including all deed of trust beneficiaries or mortgagees ("Mortgagees") who acquire title to the Property or any portion thereof by foreclosure, trustee' s sale, deed in lieu of foreclosure or otherwise. (b) Mortgagee Not Obligated. No foreclosing Mortgagee shall have any obligation or duty under this Agreement to construct or complete the construction of any improvements required by this Agreement, or to pay for or guarantee construction or completion thereof. City, upon receipt of a written request therefor from a foreclosing Mortgagee, shall permit the Mortgagee to succeed to the rights and obligations of Owner under this Agreement, provided that all defaults by Owner hereunder that are reasonably susceptible of being cured are cured by the Mortgagee as soon as is reasonably possible. The foreclosing Mortgagee thereafter shall comply with all of the provisions of this Agreement. (c) Notice of Default to Mortgagee. If City receives notice from a Mortgagee requesting a copy of any notice of default given to Owner hereunder and specifying the address for service thereof, City shall deliver to the Mortgagee concurrently with service thereof to Owner, all notices given to Owner describing all claims by the City that Owner has defaulted hereunder. If City determines that Owner is in noncompliance with this Agreement, City also shall serve notice of noncompliance on the Mortgagee, concurrently with service thereof on Owner. Each Mortgagee shall have the right during the same period available to Owner to cure or remedy, or to commence to cure or remedy, the condition of default claimed or the areas of noncompliance set forth in City's notice. 32. Estoppel Certificate. Either party from time to time may deliver written notice to the other party requesting written certification that, to the knowledge of the certifying party (i) this Agreement is in full force and effect and constitutes a binding obligation of the parties; (ii) this Agreement has not been amended or modified either orally or in writing, or, if it has been amended or modified, specifying the nature of the amendments or modifications; and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing therein the nature and monetary amount, if any, of the default. A party receiving a request hereunder shall endeavor to execute and return the certificate within ten (10) days after receipt thereof, and shall in all events execute and return the certificate within thirty (30) days after receipt thereof. However, a failure to return a certificate within 10 days shall not be deemed a default of the party's obligations under this Agreement and no cause of action shall arise based on the failure of a party to execute such certificate within 10 days. The City Manager shall have the right to execute the certificates requested by Owner hereunder provided the certificate is requested within 6 months of the annual or special review. City acknowledges that a certificate hereunder may be relied upon by permitted transferees and Mortgagees. At the request of Owner, the certificates provided by City establishing the status of this Agreement with respect to any lot or parcel shall be in recordable form, and Owner shall have the right to record the certificate for the affected portion of the Property at its cost. Development Agreement Exhibit A Page 14 of 16 33. Force Majeure. Notwithstanding anything to the contrary contained herein, either Party shall be excused for the period of any delay in the performance of any of its obligations hereunder, except the payment of money, when prevented or delayed from so doing by certain causes beyond its control, including, and limited to, major weather differences from the normal weather conditions for the South San Francisco area, war, acts of God or of the public enemy, fires, explosions, floods, earthquakes, invasions by non-United States armed forces, failure of transportation due to no fault of the Parties, unavailability of equipment, supplies, materials or labor when such unavailability occurs despite the applicable Party's good faith efforts to obtain same (good faith includes the present and actual ability to pay market rates for said equipment, materials, supplies and labor), strikes of employees other than Owner's, freight embargoes, sabotage, riots, acts of terrorism and acts of the government (other than the City). The Party claiming such extension of time to perform shall send written notice of the claimed extension to the other Party within thirty (30) days from the commencement of the cause entitling the Party to the extension. 34. Rules of Construction and Miscellaneous Terms (a) The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. (b) Time is and shall be of the essence in this Agreement. (c) Where a Party consists of more than one person, each such person shall be jointly and severally liable for the performance of such Party's obligation hereunder. (d) The captions in this Agreement are for convenience only, are not a part of this Agreement and do not in any way limit or amplify the provisions thereof. (e) This Agreement shall be interpreted and enforced in accordance with the laws of the State of California in effect on the date thereof. 35. Exhibits Attachment 1 - Map and Legal Description of Property Attachment 2 - Use Permit, including Plan Set and Conditions of Project Approval Attachment 3 - Obligations of Owner 36. Notices All notices required or provided for under this Agreement shall be in writing and delivered in person (to include delivery by courier) or sent by certified mail, postage prepaid, return receipt requested or by overnight delivery service. Notices to the City shall be addressed as follow: Development Agreement Exhibit A Page 15 of 16 City Clerk P.O. Box 711,400 Grand Avenue South San Francisco, CA 94080 Notices to Owner shall be addressed as follows: Slough BTC, LLC 400 Oyster Point Boulevard, Ste. 409 South San Francisco, CA 94080 Attention: Jon Bergschneider A party may change its address for notice by giving notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year first above written. CITY OF SOUTH SAN FRANCISCO ATTEST: By:. Barry M. Nagel, City Manager City Clerk APPROVED AS TO FORM Steven T. Mattas, City Attorney OWNER SLOUGH BTC, LLC, a Delaware limited liability company By: Slough Estates USA Inc., a Delaware corporation, Its Managing Member By: Name: Jonathan M. Bergschneider Title: Vice President APPROVED: Donald E. Kelley, Jr. Folger Levin & Kahn LLP Counsel for Owner Development Agreement Exhibit A Page 16 of 16 ATTACHMENT 1 TO DEVELOPMENT AGREEMENT PROPERTY DESCRIPTION All that certain real property in the City of South San Francisco, County of San Mateo, State of California, more particularly described as follows: Parcel 3, as shown on that certain Map of Lands, situated in the City of South San Francisco, being a subdivision of Parcel 1 and 2 of Parcel Map, recorded in Book 22 of Parcel Maps at Page 45, and being a resubdivision of Parcel 2 of land described in Grant Deed from Bethlehem Steel Company to Cabot, Cabot & Forbes, California Properties, Inc., recorded on March 10, 1964, in Volume 4663, at Page 546, Official Records of San Mateo County, California, filed in the office of the County Recorder January 15, 1974, in Book 23 of Parcel Maps, Page 27. Excepting therefrom the following described land as conveyed by Grant Deed recorded November 5, 1999, Instrument No. 99-185250, Official Records: Beginning at the southwest comer of Parcel 3 as shown on that Parcel Map filed January 15, 1974, in Book 23 of Parcel Maps at Page 27, Official Records of San Mateo County; thence North 1° 09' 23" East 38.95 feet along the westerly line of said Parcel 3; thence, leaving said westerly line, South 88° 18' 10" East 113.99 feet to the southerly line of said Parcel 3; thence South 55° 25' 23" West 59.05 feet along said southerly line to an angle point in said southerly line; thence, continuing along said southerly line, South 88° 13' 23" West 66.14 feet to the point of beginning. Exhibit C Owner Obligations Public Art Contribution: Owner shall install and provide artwork for public display in the Project. Said artwork shall cost in the aggregate no less than two hundred fifty thousand dollars ($250,000), which shall be installed on the Project site within five (5) years of the Effective Date of this Agreement but in no event earlier than the date on which the second Certificate of Occupancy is issued for the Project. The artwork to be installed by the Owner shall be subject to the reasonable approval of the City of South San Francisco prior to installation. Artworks installed pursuant to this section shall be maintained by Owner or, in the event Owner's interest in the Property is conveyed or subdivided, by Owner's successors, or, if applicable, by the Owner's Association for the Project. If an association of owners is created, said maintenance obligations and a budget related thereto shall be included in the Covenants, Conditions and Restrictions for the Project. Transportation Demand Management: Owner shall prepare an annual Transportation Demand Management (TDM) report, and submit same to City, to document the effectiveness of the TDM plan in achieving the goal of 35% alternative mode usage by employees within the Project. The TDM report will be prepared by an independent consultant, retained by City with the approval of Owner (which approval shall not be unreasonably withheld or delayed) and paid for by Owner, which consultant will work in concert with Owner's TDM coordinator. The TDM report will include a determination of historical employee commute methods, which information shall be obtained by survey of all employees working in the buildings on the Property. All non- responses to the employee commute survey will be counted as a drive alone trip. mo TDM Reports: The initial TDM report for each building on the Property will be submitted two (2) years after the granting of a certificate of occupancy with respect to the building, and this requirement will apply to all buildings on the Property except the parking facilities. The second and all later reports with respect to each building shall be included in an annual comprehensive TDM report submitted to City covering all of the buildings on the Property which are submitting their second or later TDM reports. Report Requirements: The goal of the TDM program is to encourage alternative mode usage, as defined in Chapter 20.120 of the South San Francisco Municipal Code. The initial TDM report shall either: (1) state that the applicable property has achieved 35% alternative mode usage, Exhibit C - 333 Oyster Point Development Agreement Page 1 of 2 January 27, 2005 providing supporting statistics and analysis to establish attainment of the goal; or (2) state that the applicable property has not achieved the 35% alternative mode usage, providing an explanation of how and why the goal has not been reached, and a description of additional measures that will be adopted in the coming year to attain the TDM goal of 35% alternative mode usage. Co Penalty for Non-Compliance: If after the initial TDM report, subsequent annual reports indicate that, in spite of the changes in the TDM plan, the 35% alternative mode usage is still not being achieved, or if Owner fails to submit such a TDM report at the times described above, City may assess Owner a penalty in the amount of Fifteen Thousand Dollars ($15,000.00) per year for each percentage point below the minimum 35% alternative mode usage goal. (1) In determining whether a financial penalty is appropriate, City may consider whether Owner has made a good faith effort to meet the TDM goals. (2) If City determines that Owner has made a good faith effort to meet the TDM goals but a penalty is still imposed, and such penalty is imposed within the first three (3) years of the TDM plan (commencing with the first year in which a penalty could be imposed), such penalty sums, in the City's sole discretion, may be used by Owner toward the implementation of the TDM plan instead of being paid to City. If the penalty is used to implement the TDM Plan, an Implementation Plan shall be reviewed and approved by the City prior to expending any penalty funds. (3) The provisions of this section are incorporated as Conditions of Approval for the Project and shall be included in the approved TDM for the Project. C:kDocuments and Settings\dekkLocal Settings\TempkDraft Exhibit C 1-25-05.DOC Exhibit C - 333 Oyster Point Development Agreement Page 2 of 2 January 27, 2005 StaffReport AGENDA ITEM #5 DATE: March 23, 2005 TO: The Honorable Mayor and City Council FROM: Fire Chief SUBJECT: FI~RE RECORDS MANAGEMENT SOFTWARE UPGRADE RECOMMENDATION It is recommended that the City Council adopt a Resolution authorizing the City Manager to execute a contract for upgrading computer software and installation services with BIO-key International, Inc. of Marlborough, Massachusetts for not more than $25,000. BACKGROUND/DISCUSSION The Fire Department is executing a plan to streamline and improve the way it manages records about the calls for service it receives and employee training. The first phase of the Fire Records Management System (RMS) was successfully implemented in 2004 and is working satisfactorily. The software is called "Sunpro Fire RMS" and it is a product of BIO-key International, Inc. This upgrade will add features to the existing software to better support employee scheduling, training records management, and provide specific features related to the Emergency Medical Service (EMS) responsibilities of the Fire Department. BIO-Key International, Inc. is the only provider of the software and a bid process is unnecessary. The third and final phase of the upgrade will be to fully automate patient care reporting and patient billing. This is scheduled to occur during the second quarter of 2005. Alternative software for the third phase is still being evaluated and details will be presented in a subsequent Staff Report. The software for the final phase may be available from multiple vendors and require competitive bidding. Staff Report Subject: Fire Records Management Software Upgrade Page 2 FUNDING: Funding for this project, $25,000.00 is included in the City of South San Francisco's 2004-2005 budget. By: ~/? - Appro ,-r f/ '- Philip D. White ~--~/Barr~ M. Nagf ~'-~----~ Fire Chief City Manage~.._~ ATTACHMENT: Resolution RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING A CONTRACT BETWEEN BIO - KEY INTERNATIONAL, INC. AND THE CITY OF SOUTH SAN FRANCISCO WHEREAS, staff recommends the authorization of a contract with BIO-Key International, Inc. for computer software and installation services in an amount not to exceed $25,000; and WHEREAS, funding for this project is included in the City of South San Francisco's 2004-05 Operating Budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes a contract with BIO-key International, Inc. for computer software and installation in an amount not to exceed $25,000. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __ day of ,2005 by the following vote: AYE S: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S:\Current Reso'sX3~234)5fire.record.management.software.res.doc Staff Report .4 GEND.4 ITEM #6 DATE: TO: FROM: SUBJECT: March 23, 2005 Honorable Mayor and City Council Marty Van Duyn, Assistant City Manager APPLICATION FOR A WORKFORCE HOUSING GRANT RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the submittal of a Work Force Housing application and the execution of an agreement with the State of California to secure a Work Force Housing Reward Grant. BACKGROUND/DISCUSSION The Workforce Housing (WFH) Program is a State program funded through proposition 46 that awards grants to cities and counties that approve affordable housing for low-income families. Cities and counties can use the grant funds for capital asset projects that benefit the community. For example, the City can use program funds for projects related to safety, education or recreation. The State does not award WFH Program grants through a competitive process, instead it awards grants to all cities and counties that meet eligibility requirements. To be eligible for funding, cities must have: 1) A Housing Element that is in compliance; 2) Submitted the 3dmual Housing Element Progress Report to the Department of Housing and Community Development by December 31, 2004 3) Provided final land use approval for the affordable housing units in 2004 4) Issued building permits and secured occupancy restrictions that require the units be affordable to low- and very-low income households. WFH grant awards are based on the number of bedrooms in new affordable housing units for very low- and low-income households. The housing units can be either rental or ownership units. The State awards $2,000 per bedroom for units affordable to very low-income households and $1,500 for per bedroom for units affordable to low-income households. CONCLUSION Based on the eligibility criteria and the program periods, staff believes the City of South San Francisco is eligible for a WFH grant for the affordable housing units in the Fairfield housing development. According to the formula for calculating the awards, the City of South San Francisco Staff Report Subject: APPLICATION FOR A WORK FORCE HOUSING GRANT Page 2 is eligible for a grant award of $108,000. Therefore, it is recommended that the City Council adopt a resolution authorizing the submittal of a Work Force Housing application and the execution of an agreement with the State of California to secure a Work Force Housing Reward Grmat. Assistant City ManagerTM City ManagerX,,..__. Attachment: Resolution RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE EXECUTION OF A STANDARD AGREEMENT AND ANY AMENDMENTS THERETO AND ANY OTHER DOCUMENTS NECESSARY TO SECURE A WORKFORCE HOUSING REWARD GRANT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT WHEREAS, the City of South San Francisco applied for and will submit the Application Package released December 2004 by the Department for the WFH Program; and WHEREAS, funding for WFH has been made available pursuant to the Housing and Emergency Shelter Trust Fund of 2002 (Proposition 46); and WHEREAS, pursuant to the statute, the Department is authorized to approve funding allocations for the program, subject to the terms and conditions of the NOFA and Program Guidelines, Application Package and Standard Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby shall be subject to the terms and conditions as specified in the standard agreement (Contract). Funds are to be used for allowable capital asset project expenditures to be identified in Attachment A of the Contract. The application in full is incorporated as part of the Contract and any and all activities funded, information provided, and timelines represented in the application are enforceable through the Contract. The City of South San Francisco hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the Department and in accordance with the NOFA and Program Guidelines and Application Package. The City of South San Francisco also may execute any and all instruments required by the Department for participation in the WFH Program. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __ day of ,2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Current Reso's~3-23-05workforce.housing.res.doc ATTEST: City Clerk AGENDA ITEM # 7 Staff Report DATE: TO: FROM: SUBJECT: March 23, 2005 Honorable Mayor and City Council Marty Van Duyn, Assistant City Manager MARBELLA CONDOMINIUM SUBDIVISION FINAL MAP (SA-2005-001) RECOMMENDATION It is recommended that the City Council adopt a resolution approving the Marbella Condominium Subdivision Final Map and subdivision improvement agreement, and authorizing the recordation of the map, the subdivision agreement, the approved declaration of covenants, conditions and restrictions (D.C.C.&R.'S) and all related documents. BACKGROUND/DISCUSSION The City Engineer and the City's technical reviewer, with concurrence of all affected City departments and divisions, have determined that the Marbella Condominium Subdivision Final map, on-site improvements, landscaping drawings, utility drawings, public frontage improvement plans, D.C.C. &R.'s and all related documents and plans are in compliance with the Subdivision Map Act, the City's Subdivision ordinance and all applicable tentative map conditions of approval for said development. The final map, subdivision improvement agreement and D.C.C. &R.'s have been signed by the Sub divider. The developer has previously entered into a development agreement for the project to provide affordable housing within the condominium development. The Marbella Condominiums Final map will subdivide the property consisting of six (6) condominium buildings with 44 - 48 units each building. The condominium buildings will be served by private roads (Marbella Drive, Marbella South and Marbella North), sewers, storm drains, and other utilities which will be maintained by a homeowner's association. The development will also be served by public utility easements that overlay the private streets, the dedication of which is being accepted by the City on behalf of the public; however, no easements, roads, utilities or other improvements are offered for dedication to the City of South San Francisco, to be owned and/or maintained by the City within the boundaries of the condominium subdivision. In addition, all the improvements along Westborough Boulevard and Gellert Boulevard shall be installed and paid for by the developer as part of the subdivision improvement agreement. Staff Report Subject: Marbella Final Map Page 2 CONCLUSION The attached resolution will approve the condominium final map, approve the Marbella subdivision agreement, and authorize the recordation of the Marbella final map, subdivision improvement agreement, D.C.C. &R.'s, and all related documents. By: Marty Van Duyn ~] Assistant City Manager -~a~/y lv/l. N~g)~'~ City Manage~... Attachments: Resolution Final Map Vicinity Map Subdivision Improvement Agreement RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CAL~ORNIA A RESOLUTION APPROVING THE MARBELLA CONDOMINIUM SUBDIVISION FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT AND AUTHORIZING THE CONCURRENT RECORDATION OF THE MAP, THE SUBDIVISION AGREEMENT, AND THE APPROVED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RELATED DOCUMENTS WHEREAS, staff recommends approval of the final map and subdivision improvement agreement, the concurrent recordation of the final map, the subdivision agreement, (D.C.C.& R.'s) and related documents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the Marbella Condominium Subdivision final map and subdivision improvement agreement and authorizes the concurrent recordation of the map, the subdivision agreement, and the approved declaration of covenants, conditions and restrictions and all related documents. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __ day of ,2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Current Reso's\3-23-05 marbella.condominium.dccr's.res.doc ATTEST: City Clerk OWNERS' STATEMENT WE, THE UNDERSIGNED, HEREBY STATE THAT WE ARE THE OWNER OF OR HAVE SOME RIGHT, TITLE AND/OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITHIN THE EXTERIOR BOUNDARY SHOWN ON THIS MAP, THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID REAL PROPERTY AND THAT WE CONSENT TO THE PREPARATION AND RECORDATION or THIS FINAL MAP, WHICH ESTABLISHES A CONDOMINIUM DEVELOPMENT WITHIN THE MEANING OF SECTION 1551(F) OF THE CALIFORNIA CIVIL CODE. LOTS 1 THROUGH 6 ARE FOR DEVELOPMENT OF CONDOMINIUM BUILDINGS. LOT 13 IS FOR COMMON AREA AND OPEN SPACE. LOTS 7 THROUGH 10 ARE FOR PRIVATE ROADWAY, EMERGENCY VEHICI.[ ACCESS AND PUBLIC UTILITY EASEMENT AS DEFINED IN THE CC&R*S. NO IMPROVEMENTS ARE OFFERED FOR DEDICATION TO THE CITY POE MAINTENANCE. WE HEREBY OFFER FOR DEDICATION OVER LOT ! ~ AN EMERGENCY VEHICLE ACCESS EASEMENT. THIS IS DESIGNATED "EAR" ON SHEET 2. WE HEREBY OFFER FOR DEDICATION A PUBLIC UTILITY EASEMENT OVER LOTS 7 THROUGH 11 AND THOSE AREAS DESIGNATED AS "PUE" SHOWN ON SHEET 2. NO IMPROVEMENTS ARE BEING OFFERED TO THE CiTY WITH THE PUE. WE HEREBY RELINQUISH TO THE CITY VEHICLE ACCESS RIGHTS ALONG PORTIONS or THE BOUNDARY OF THE SUBDIVISION AS SHOWN ON SHEET 2. MARBELLA NORTH. MARBELLA SOUTH AND MARBELL~ DRIVE ARE PRIVATE STR[E'rS AND ARE NOT OFFERED FOR DEDICATION. CITYVIEW MARBEllA 280, LP, A DELAWARE UMITED PARTNERSHIP CITYVIEW MARBEI-L~, [.LC, A DELAWARE LIMITED LIABIUTY COMPANY, ITS GENERAL PARTNER BY:WATF COMMUNITIES AT MARBELLA LLC, A CAUFORNIA LIMITED UABII. JTY COMPANY, ITS AUTHORIZED AGENT BY: ITS SENIOR VICE PRESIDENT CITY CLERK'S STATEMENT l, SYLVIA M, PAYNE, CiTY CLERK OF THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, HEREBY STATE THAT THE CITY COUNCIL OF SAID CITY, AT ITS REGULAR MEETING HELD ON THE DAY OF.__ 2005, DULY APPROVED THE WITHIN MAP, AUTHORIZED ITS RECORDATION AND ACCEPTED ON BEHALF OF THE PUBLIC ALL £ASEM[NTS OFFERED FOR DEDICATION TO PUBUC USE IN CONFORMITY WITH THE TERHS OF THE OFFER OF DEDICATION. DATED: __ SYLVIA M. PAYNE, CITY CLERK CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA SOILS NOTE SOILS REPORTS HAVE BEEN PREPARED BY THE; FIRM OF BERDOLAR GEOTECHHICAL GONSULTANTS DATED APRIL I$, 2002, AND SIGNED BY PAUL SAI-WINO IAI, OE 2526, SAID REPORTS BEINC ON FlEE WITH THE CITY OF SOUTH SAN FRANCISCO. OWNER'S ACKNOWLEDGMENT ON THIS _ DAY OF BEFORE ME. __J_o_~_e .j, ~A___~_~____~_~.L THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE SAID STATE AND COUNt. PERSONALLY APPEARED PERSONALLY KNOWN TO ME, OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE, TO BE THE PERSON(~ WHOSE NAME(~ IS(~ SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE/~Y EXECUTED THE SAME IN AUTHORIZED CAPACITY(~), ANO THAT BY HIS/~ SIGNATURES ON THIS INSTRUMENT THE ENTITY UPON BEHALF OF WHICH HE/~ ACTED EXECUTED THIS INSTRUMENT. WITNESSMY OFFICIAL HAND AND SEAL SIGN ATU RE:~-~--~ i ~:~. ' ~:~ j~ s~. ~L ~ BASIS OF BEARINGS THEBASIS OF BEARINGS OF THIS MAP IS THE BEARING BETWEEN THETWO MONUMENTS IN GELLERT BLVD. AT WESTBOROUGH BLVD, SHOWN ON PARCEL MAP 99-027. RECORDED IN VOLUME 75 OF PARCEL MAPS AT PAGE 23, IN THE SAN MATEO COUNTY RECORDS AS N $0'~8'00" W, TAKEN HEREON TO BE N $0'47'09" W. ROTATE COUNTERCLOCKWISE 51" FOR RECORD BEARINGS. SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS TRUE AND COMPLETE' AS SHOWN AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF LB/L DUC II GEI. J..ERT LLC IN NOVEMBER 2002. I HEREBY STATE THAT THE SUBDIVISION MAP SUBSTANTIAlly CONFORMS TO THEAPPROVED TENTATIVE MAP, I HEREBY STATE THAT THE MONUMENTS AREOF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR WILL BE SET IH SUCH POSITIONS ON OR BEFORE FEBRUARY 28, 2007 AND ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. KENNETH P. MOORE L.S. ~4918 UCENSE EXPIRES: 12-31-06 CITY ENGINEER'S STATEMENT THIS MAP WAS EXAMINED BY ME AND THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SANE AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF. ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND OF ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPUED WITH. DATED: REZA M. RAZAVI, PE tl46150 ciTY ENGINEER, CiTY OF SOUTH SAN FRANCISCO LICENSE EXPIRES DECEMBER 51, 2006 TECHNICAL REVIEWER'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND THAT THE MAP IS TECHNICALLY CORRECT AS REQUIRED BY THE PROVISIONS OF CHAPTER 2 or THE CAUFORNIA "SUBDIVISION MAP ACT". DAVID I~IJREY~R'J~,I~J[. ~lO~OOSO COUNTY RECORDER'S STATEMENT FILED THIS DAY OF , 2005 AT IN BOOK -- OF MAPS AT PAGES OF THE OFFICIAL RECORDS OF THE COUNTf OF SAN MATEO, AT THE R/QUEST OF THE rlRST AMERICAN TITLE INSURANCE COMPANY AND THE CITY CLERK FOR THE CITY OF SOUTH SAN FRANCISCO. WARREN SLOCUM SAH MATEO COUNTY RECORDER FILE NO. : FEE; BY: DEPUTY MARBELLA BEING A SUBDIVISION FOR CONDOMINIUM PURPOSES OF PARCELS H &: J OF 51 PM 61, PARCEL 0-2 OF 75 PM 25 AND A PORTION OF THE LANDS OF CALLAN DESCRIBED IN THE DEED RECORDED IN VOL. 6806 AT PG, 254 IN THE SAN MATEO COUNTY OFFICIAL RECORDS SOUTH SAN FRANCISCO SAN MAT[O COUNTY CALIFORNIA FEBRUARY 2005 W1L8EY ~m HAM ~m 393 VINTAGE PARK DRIVE, SUITE 100 FOSTER CITY. CA 94404 SHEET 1 OF 3 3-5-05 SA-O0--053 /jJJ LEL}'J TYPICAL 10' PUE ALONG ~ARBELLA NO SCALE 5 6 // / '*~.,.~.. ~- / ,-~.®-. ~, <~' \ MARBELLA BEING A SUBDI'vlSION FOR CONDOMINIUM PURPOSES OF PARCELS H & d OF 51 PM 61, PARCEL G-2 OF 73 PM 2.3 AND A PORTION OF THE LANDS OF CALLAN DESCRIBED IN THE DEED RECORDED IN VOL. 6806 AT PG. 254- IN THE SAN MATEO COUNTY OFFICIAL RECORDS SOUll~ SAN FRANCISCOSAN UAT~O COUNTY CAUFORNIA SCALE 1"=100' FEBRUARY2005 393 VINTAGE PARK DRIVE, SUITE 100 FOSTER CITY, CA 94404 LEGEND ................ EASEMENT LINE ................ CENTER LINE IT) tOtAL REFERENCES R1 DENOTES RECORD DATA PER 51 PM 61 R2 DENOTES RECORD DATA PER 49 PM lS R5 DENOTES RECORD DATA PER 75 PM 23 R4 DENOTED RECORD DATA PER 71 MAPS 18 R5 DENOTES RECORD DATA PER 75 MAPS 23 EXISTING BOUNDARIES AND EASEMENTS EXIS~NG EASEMENTS ARE TO REMAIN. MARBELLA BEING A SUBDIVISION FOR CONDOMINIUM PURPOSES OF PARCELS H &: d OF 51 PM 61, PARCEL G-2 OF 73 PM 23 AND A PORTION OF THE LANDS OF CALLAN DESCRIBED IN THE DEED RECORDED IN VOL. 6806 AT PG. 254 IN THE SAN MATEO COUNTY OFFICIAL RECORDS SOUTH SAN FRANCISCO SAN MATEO COUNTY CALIFORNIA SCALE 1"=120' FEBRUARY 2005 WlLSEY II HAM II 393 VINTAGE PARK DRIVE, SUITE 100 FODTER CITY, CA 94404 3-3-05 SA-00--055 VICINITY MAP SUBDMSION IMPROVEMENT AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND CITYVIEW MARBELLA 280, LP IN CONNECTION WITH THE MARBELLA CONDOMINIUM SUBDIVISION This AGREEMENT dated ,2005, by and between the City of South San Francisco, a municipal corporation, hereinafter designated "City," and CityView Marbella 280, LP., hereinafter designated "Subdivider." RECITALS WHEREAS, Subdivider has presented to City for approval a final map, hereinafter designated "map", entitled Marbella, which map dedicates an Emergency Vehicle Access easement and public utility easements, and also relinquishes vehicle access rights along Gellert and Westborough Boulevards; and WHEREAS, Subdivider has requested approval of the map prior to the construction and completion of various improvements and utility connections within Gellert Boulevard, which are appurtenant to the Subdivision designated in the map, all in accordance with, and as required by, the plans and specifications for all or any of the improvements in, appurtenant to, or outside the limits of the Subdivision, which plans and specifications are described in Exhibit "A" attached to and incorporated herein, hereinafter "plans" and are now on file in the Office of the City Engineer of the City; and WHEREAS, the City Council of the City of South San Francisco on ., 2005, adopted Resolution No. approving the map and accepting the dedications therein offered for street and highway purposes and public facility and utility easements, except for those dedicated to other agencies, persons, partnerships, associations or corporations, on the condition that Subdivider first enter into and execute this Agreement with City and meet the requirements of the Resolution; and WHEREAS, this Agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 19 of the South San Francisco Municipal Code; and NOW, TI~REFORE, for and in consideration of the approval of the maps and of the acceptance of the dedications and easements for street and highway purposes and public facility and utility easements therein offered, excePting those dedicated to other agencies, and in order to ensure satisfactory performance by Subdivider and Subdivider's obligations under the Subdivision Map Act and Title 19 of the Municipal Code the parties agree as follows: AGREEMENT 1. Performance of Work Subdivider shall, at its sole cost and expense, furnish or cause to be furnished, all labor supplies, equipment and materials, and do or cause to be done, in a good and workmanlike manner all of the improvements within and/or without and subdivision work described in Exhibit "A" attached and incorporated. The cost of such improvements and required items of work is estimated to be Three Hundred Twenty Thousand Dollars ($ 320,000.00). Subdivider shall also do all the work and shall, at its sole cost and expense, furnish all materials necessary in the opinion of the City Engineer to complete the improvements in accordance with the plans and specifications on file, or with any changes required or ordered by the City Engineer. 2. Places and Grades to be Fixed by City Engineer All of the work is to be done at the places, and with the necessary materials, in the manner and at the grades shown on the plans and specifications previously approved by the City Engineer and now on file in his office. All work shall be done to the satisfaction of the City Engineer. 3. Time for Commencement and Performance City hereby fixes the time for the commencement of the work to be done on or before July 1, 2005, and for its completion to be within one (1) year thereafter. At least fiReen (15) calendar days prior to the commencement of work hereunder, Subdivider shall notify the City Engineer in writing of the date fixed for commencement thereof, so that the City Engineer shall be able to provide inspection services. 4. Time of Essence - Extension Time is of the essence in this Agreement, provided that in the event good cause is shown, the City Engineer may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to Subdivider's sureties, and extensions so granted without notice to the Subdivider's sureties shall not relieve the sureties' liability on the bonds to secure the faithful performance of this Agreement and to assure payment of all persons performing labor and materials in connection with this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. 5. Repairs and Replacements Subdivider shall replace or have replaced, or repair or have repaired, all pipes and monuments which are destroyed or damaged, and Subdivider shall replace or have replaced, repair or have repaired, or pay to the owner the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, by the State of California, or any agency or political subdivision thereof, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval of, the City Engineer or the corporation, person or agency. 6. Utility Deposits - Statement Subdivider shall file with the City Clerk, on or before July, 1, 2005, a written statement signed by Subdivider and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision. 7. Permits, Compliance with Law Subdivider shall, at Subdivider's sole cost and expense, obtain all necessary permits and licenses for the construction of improvements, give all necessary notices and pay all fees and taxes required by law. 8. Superintendence by Subdivider Subdivider shall personally supervise the work on the improvements, or have a construction contractor, competent foreman or superintendent on the work site at all times during construction, with authority to act for Subdivider. Subdivider shall obtain the approval of the City Engineer before using a construction contractor, competent foreman or superintendent to supervise work on the improvements. Prior to granting approval, the City Engineer shall determine that said construction contractor, competent foreman or superintendent to supervise is qualified to perform such duties. 9. Inspection by City Subdivider shall at all times maintain proper facilities, and shall provide safe access, for inspection by City, to ail parts of the work and to the shops wherein the work is in preparation. 10. ' Contract Security (a) Concurrently with the execution hereof, Subdivider shall furnish: (1) a surety bond in an amount equal to at least one hundred percent (100%) of the estimated cost of the construction 3 and completion of the works and improvements described in Exhibit "A," as security for the faithful performance of this Agreement; and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the estimated cost of the construction and completion of the work and improvements described in Exhibit "A" as security for the payment of all persons performing labor and providing materials in connection with this Agreement. Subdivider shall require all subcontractors to file a labor and materials corporate surety bond as security for payment of all persons furnishing labor and materials in connection with this Agreement (b) The Subdivider may fulfill the requirements of subsection (a) of this section by providing a Standby Irrevocable Letter of Credit in favor of the City and in a form approved by the City Attorney. (c) Subdivider may also file a cash deposit with the City. 11. Hold Harmless Agreement (a) Subdivider shall hold harmless, indemnify and, at the City's request, defend City (with Counsel selected by City), its officers, employees, agents, boards and commissions, whether elected or appointed, from and against all claims, demands, actions, causes of action, losses, damages, liabilities, costs and expenses, including but not limited to reasonable attorney's fees or obligations, for or in connection with personal injury (including, but not limited to, death) or damage to property (both real and personal) which arises out of or is in any way connected with the negligent act, error or omission of Subdivider, its agents, contractors, subcontractors, or employees in connection with the performance of this Agreement. (b) In order to make certain that Subdivider has adequate resources to fully carry out its responsibilities pursuant to subparagraph (a) above, Subdivider shall file with the City proof that Subdivider's professional consultants (including any soils engineer or civil engineer) employed by Subdivider in connection with the work described herein, maintain professional liability (e.g. errors and omissions) insurance during the life of this Agreement. If the work is accomplished by contractors or subcontractors, Subdivider shall assure that the contractors and/or subcontractors carry such insurance. The insurance shall be in an amount of not less than Two Million Five Hundred Thousand Dollars ($2,500,000), shall contain a provision that such insurance shall not be reduced or canceled except upon thirty (30) days written notice to City and shall be subject to the approval of the City Attorney as to form, amount and carder. (c) The foregoing hold harmless statement of Subdivider shall apply to all damages and claims for damages of every kind suffered or alleged to have been suffered by reason of the construction operations undertaken pursuant to this Agreement, regardless of whether or not City has approved the plans or specifications for the improvements, and regardless of whether or not such insurance policies have been determined to be applicable to any such damages or claims for damages 12. Subdivider's Insurance Subdivider shall not commence work under this Agreement until Subdivider has obtained all insurance required under this paragraph, and such insurance has been approved by the City Attorney as to form, amount and carder, nor shall Subdivider allow any contractor or subcontractor to commence work until all similar insurance required of the contractor or subcontractor has been so obtained and approved. All requirements shall appear either in the body of the insurance policy or in endorsements and shall specifically bind the insurance carrier. Subdivider shall take out and maintain during the life of this Agreement the following policies of insurance: (a) Worker's Compensation and EmploYers' Liability Insurance in the statutory coverage. In signing this Agreement, Subdivider makes the following certification: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement." (b) Commercial General Liability. Insurance: In an amount not less than ONE MIl,LION DOLLARS ($1,000,000) for injuries including, but not limited to, death to any one person and subject to the same limit for each person; in an amount not less than TWO MIl,LION DOLLARS ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. (c) Automobile Liability (Code 1) Insurance: In an amount not less than ONE MIl,LION DOLLARS ($1,000,000) combined single limit per accident for bodily injury and property damage. (d) Contractual Liabili _ty Insurance: Subdivider shall take out and maintain during the life of this Agreement an insurance policy in the amount of at least TWO Mil ,LION DOLLARS ($2,000,000), insuring Subdivider against damages sustained as a result of any action or actions at law or in equity, any claims or demands brought as a result of any breach or alleged breach of any contract, or provisions thereof, and/or as a result of any contractual liability, or alleged contractual liability arising out of any contract entered into by Subdivider and/or any of its agents or employees in order to perform the work defined herein. (e) It is agreed that the insurance required by Subsections (b), (c) and (d) shall be in an aggregate amount of not less than Five Million Dollars ($5,000,000) and shall be extended to include as additional insureds the City of South San Francisco, its elective and appointive boards, officers, agents, employees and volunteers, with respect to operations performed by the Subdivider as described herein. Evidence of the insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval by the City Attorney as to form, amount and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or canceled except upon thirty (30) days written notice to City. In addition, the following endorsement shall be made on the policy of insurance: "Notwithstanding any other provisions in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or reinsurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." 13. Evidence of Insurance Subdivider shall furnish City concurrently with the execution hereof, satisfactory evidence of the insurance required and evidence that each cartier is required to give City at least thirty (30) days prior notice of the cancellation or reduction in coverage of any policy during the effective period of this Agreement. 14. Title to Improvements Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, or to such other public agencies, persons, partnerships, associations or corporations to which dedications of easements were made or reserved upon the completion and acceptance of such improvements by City or the agency, person, partnership, association or corporation. 15. Repair or Reconstruction of Defective Work If, within a period of one year after final acceptance of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, or proves to be defective or become damaged because of differential settlement, action of the elements, or ordinary usage, except for catastrophic events, Subdivider shall without delay and without any cost to City repair or replace or reconstruct any defective or otherwise unsatisfactOry part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to City the actual cost of such repair plus fifteen (15%) percent. Subdivider shall at the time of acceptance of the improvements by City or other public agency, provide the City with a corporate surety bond in the principal sum of Thirty-Two Thousand Dollars and 00/100 Cents ($ 32,000.00) to secure the undertaking and obligations set forth in this provision. 16. Subdivider not Agent of City Neither Subdivider nor any of Subdivider's agents or contractors shall be considered agents of City in connection with the performance of Subdivider's obligations under this Agreement. 17. Cost of Engineering and Inspection Subdivider shall pay City the actual cost to City for all inspections and other services furnished by City in connection with the construction of the above-required improvements, plus twenty-two percent thereof for administrative overhead. City shall furnish periodic statements of all charges for services performed by City, and Subdivider shall complete payment of such charges within ten (10) days after receipt thereof. 18. Notice of Breach and Default If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of the work within such time, or if the Subdivider should be adjudged as bankrupt, or if Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider or any of Subdivider's contractors, subcontractors, agents or employees should violate any of the provisions of the Agreement, the City Engineer or City Manager may serve written notice upon Subdivider and Subdivider's sureties of breach of this Agreement, or of any portion thereof, and default of Subdivider. 19. Breach of Agreement; Performance by Sureties or City_ In the event of such notice, Subdivider's sureties shall have the duty to take over the work and complete the work and the improvement herein specified; provided, however, that if the sureties, within five (5) days after being served notice of such breach, do not give City written notice of their intention to take over the performance of the Agreement, and do not commence performance thereof within five (5) days after notice to the City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's sureties shall be liable to City for any excess cost or damages occasioned by City; and, in such event, City, without liability for so doing, may take possession of, and use in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on site of the work and necessary therefor. 20. Erosion Control If applicable, Subdivider shall furnish landscape plans and adequately provide for erosion control. Landscaping and irrigation improvements shall be installed to the satisfaction of the City's Landscape Architect. 21. Trenching and Backfilling Subdivider shall require that all trenching and backfilling within and outside the property lines for utility lines, including sanitary, storm, water and any other purposes, shall be done under the inspection ora soils engineer who shall test the trenching and backfilling with a sufficient number of soil tests to secure the proper compaction. Subdivider shall further require that a certificate be filed with the City stating that said trenching and backfilling has been performed in accordance with the soils engineer's recommendations. 22. Water Lines Subdivider shall dedicate to the Westborough Water District the easements required for the water lines, facilities and appurtenant works, unless the lines, facilities and appurtenant works are to be installed within Gellert Boulevard. Subdivider shall construct and install, at its sole cost and expense, the improvements in the easements as set forth on the "Plans" shown in Exhibit "A," subject to the approval of the District. 23. Notices All notices herein required shall be in writing, and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Clerk City of South San Francisco P.O. Box 711 South San Francisco, CA 94083 Notices required to be given to Subdivider shall be addressed as follows: CityView Marbella 280, LP c/o Watt Communities at Marbella. LLC 801 San Ramon Valley Blvd., Suite A Danville, CA 94526 Notices required to be given to sureties of Subdivider shall be addressed as follows: Arch Insurance Company 135 N. Los Robles, Ste. 825 Pasadena, CA 91101 Attn: Eric Schmalz Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 24. As-Built Drawings Subdivider shall furnish City reproducible plastic film as-built drawings of the public improvements of a quality acceptable to the City Engineer together with a certification by Subdivider's engineer that the improvements have been constructed in accordance with the approved plans and specifications. Subdivider shall furnish City with the as-built drawings concurrently with Subdivider's request for acceptance of the improvements by the City. 25. Parties Obligated Subdivider agrees that this Agreement shall bind Subdivider and Subdivider's successors in interest, heirs and assigns. 26. Attorneys' Fees If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 27. Governing Law The laws of the State of California shall govem this Agreement. 9 28. Severability If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. CITY OF SOUTH SAN FRANCISCO, a municipal corporation SUBDIVIDERS: CITYVIEW MARBELLA 280, LP, a Delaware limited partnership By: CityView Marbella, LLC, a Delaware limited liability company, its general partner By: Watt Communities at Marbella LLC, a California limited liability company, its authorized agent('x J~*f~ .~. Lawrence, Its Semor Vice President By: CityManager ATTEST: City Clerk 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~ oou. o, ss. On J~(.O~,,(,,~__~ LC ~'¢°q"before me, Date I personally appeared 0 {~ 1¢' F¢2- ~ ~/ Name and ~lle d Olficer (e.g., "Jane ~.~ Nolary Public") t~. Name(s) o{ Signer(s) [] personally known to me '~0' proved to me on the basis of satisfactory evidence ,JOSE J. SAN GABRIEL Commission # 1428433 Notary Public* California San Morea Count'/ ~~~ My Corem Expiros Jul 28, 2007 to be the person(~ whose namer%-) is/,.~.e subscribed to the within instrument and acknowledged to me that he/~.~-,~Rhe~ executed the same in his,q:m~Cr~4,~'- authorized capacity(ieG.)~ and that by his/herC4b,~ signature(~)-on the instrument the personae,,),, or the entity upon behalf of which the persorf(,6) acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Document Date: · Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- Title(s): [] Partner--[] Limited [] General [] Attomey-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here 999 Nalioeal Notary AssocJalion · 9350 De Soto Ave., P.O. Box 2402 · Chatsworth, CA 91313-2402 · www. nationalnotary.org Prod. No, 5907Reorder: Call Toll*Free 1-800-876-6827 APPROVED AS TO FORM: City Attorney G:\Subdivisions\SA 2000\SA00053 SUBIMPAGREE.RCH.DOC 11 EXHIBIT "A" IMPROVEMENTS AND REQUIRED ITEMS OF WORK FOR TIlE IMPROVEMENT OF GELLERT BOULEVARD, IN CONNECTION WITH THE CONSTRUCTION OF THE MARBELLA CONDOMINIUM SUBDIVISION Agreement dated The Subdividers shall construct, furnish and install all public improvements located only within the Gellert Boulevard right of way, as shown on Sheets G-l, through G-10 of 10 and Sheets C-9, C-10, C-12, C-16, C-17, C-18, C-19, of 48, dated November 19, 2003, Revised _2-14-05 , for Marbella, prepared by Wilsey Ham, signed by Ronald Calhoun (R.C.E. #_13,453 ) and all approved revisions thereof, and in accordance with the City of South San Francisco's Standard Plans and Specifications. 2. The Subdivider shall construct, furnish and install all public traffic signal work located at the Marbella Drive/Gellert Boulevard intersection, in accordance with the following plans, TS-l, TS-2, TS-3 & TS-4dated March 2003, prepared by RKH ., signed by __~chard Hopper (RCE #__18,928 ) and all approved revisions thereof, and in accordance with the City of South San Francisco's Standard Plans and Specifications: 3. The Subdivider shall file complete "as-built", or "record", drawings of the plans listed above, and any other documents, plans or details, approved by the City Engineer, which supplement the approved plans, prior to final acceptance by the City Council of the work performed under this agreement. Said plans shall consist of the Original tracings, or permanent plastic film transparencies of a quality which complies with the standards of the City of South San Francisco, as administered by the City Engineer and two paper prints. Approved: Date: City Engineer 12 AGENDA ITEM #8 DATE: TO: FROM: SUBJECT: March 23, 2005 Honorable Mayor and City Council Marty Van Duyn, Assistant City Manager PARCEL MAP NO. 04-0031, PARCELS A AND B, MALCOLM BUILDING LLC, 230 OYSTER POINT BLVD. RECOMMENDATION It is recommended that the City Council, by resolution, accept the offer of dedication for a pedestrian easement, street lighting and traffic signalization easement as shown on Parcel Map 04-0031. BACKGROUND/DISCUS SION The subject map dedicates the easement that is necessary for the subdivider to construct City standard curb, gutter and sidewalk for pedestrian access, construct street lighting in front of the property, and for the installation of traffic signal and related appurtenances within the entrance to the property. The recommended resolution will accept the easement dedication as offered by the subdivider on the map. The easement to be dedicated is highlighted on the attached copy of the parcel map. BY: ~y~[~~'/~ 7,,~~---~_~_~ Approvk"-13/a~ IVY.t/Nage,(~,'~~--a-'-'/ Assistant City Manager? ~// City Manager ~ Attachments: Vicinity Map Parcel Map Resolution RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE OFFER OF DEDICATION FOR PEDESTRIAN EASEMENT, STREET LIGHTING AND TRAFFIC SIGNALIZATION EASEMENT AS SHOWN ON PARCEL MAP 04-0031 WHEREAS, staff recommends acceptance of the easement dedication as offered by the subdivider on the map that is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the acceptance of the offer of dedication for pedestrian easement, street lightening and traffic signalization easement as shown on Parcel Map 04- 0031. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __ day of ,2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S :\Current Reso'sB -23 -05malcolm.building.doc ATTEST: City Clerk OWNER'8 8TATEML~FI' We hereby state that we are the owners of or hove some right, title or interest in and to the real pre>perry ln~fluded within the subdivision shown on the map; that we are the / ) I hereby accept for tho City of South Sen Francisco the dedication of e~Jements offered for dedication as ~hown on said map wlihi~ the distinctive borderline. Date: PARCEL MAP 04-0031 BEING A RE-SUBDIViSION OF PARCELS ONE, TWO, THREE AND FOUR AS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED MARCH 22, 2002, DOCUMENT NO. 2002-055024, OFFICIAL RECORDS OF SAN MATEO COUNTY AND LYING WITHIN THE CITY OF SOUTH SAN FRANCISCO COUNTY OF SAN MATEO STATE OF CALIFORNIA JANUARY,2005 CON~SISTING OF TWO SHEETS KIER & ~RIGHT CIVIL ENGINEERS & SURVEYORS, INC. CITY ~ 8TATEMENT THIS MAP WAS EXAMINED BY ME AND IS FOUND TO BE IN SU~STAN~AL CONFORMANCE WITH ~-:E APPROVED TENTATIVE MAP, AND APPRO'~*~D AL~]~AT~ONS . .ClTY ENGINEER, CiTY OF SOUTH SAN FRANCISCO UCENSE EXPIRES: 12-31-2006 DATED TECHNICAL REVIEWER~ STATEMENT THIS PARCEL MAP HAS BEEN RE'~EWED AND FOUND TO BE TECHNICALLY CORRECT THIS MAP WAS PREPARED BY ME OR UNDER MY DIREC]IOfl AND IS BASED UPON A FIELD SUR~EY IN CONFORMANC~ WITH THE RETIREMENTS OF ]HE SUBDI~,ISJON MAP ACT AND LOCAL ORDINANCE AT THE REOUEST OF HUNTER PROPERTIES ON mAT BY HIS/HI]I/~YH[I~ ~ RECORDER'8 8TA'IT. MENT F~LE NO. FEE FILED FON RECORD THIS __ DAY OF , 2005, AND CONFORMS TO THE REQUIREMENTS BE ~HE SUBDIVISioN MAP ACT AND LOCAL ~DINANCES ~- ~ S~ MA~O ~N~ ~C~S. STA~ ~ C~F~NIA. AT mE RE~EST DASD C~E~ ~.~'~ ~ DA~ WAR~N ~UM, C~N~ REC~D~ U~ EX'RES: 12--~1--2005 ~~ BY: OEPU~ o4. 20~ ~2:2e m~ SHEET 1 OF 2 A04202 PARCEL MAP 04-O031 PROPERTY LIRE CENTERUNE Scale 1" = 40 ft EASFMENT FND. STANDARD CITY MONUMENT P~FEflENGE8 ~ OF PM NO. 00--063 (74 PM 34-36) PM NO. 89-263 (63 PM PM NO. 97--027 (70 S.S.F. UNIT NO 3 (~g R~ 2~27) S.S.V. UNIT NO 3-g (82 R~ 3-8) BEING A RE-SUBDIVISION OF PARCELS ONE, TWO, THREE AND FOUR AS DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED MARCH 22, 2002, DOCUMENT NO. 2002-055024, OFFICIAL RECORDS OF SAN MATEO COUNTY AND LYING W~THIN ~IE CITY OF SOUTH SAN FRANCISCO COUNTY OF SAN MATEO STATE OF CALIFORNIA ,JANUARY, 2005 CONSISTING OF TWO SHEETS ~ ,AHDSOF / L2 S 01'45'24' E 34.32' C4 28~.7K181e'4~'91.~' ~ ~CIVIL E~I~ERS & S~VEYO~, INC. 2 OF 2 A04202 PARCEL 4 .; ~ (74 PM 34-96) ~ PARCEL ~ / FND NAIL & TAG (BASIS OF BEARING) ] FND NAIL & TAG (7~' P'~'~ 34-36) R.C.[. ~00~]0 R.C.E 3[X~O OYSTER COVE MARINA OYSTER POINT MARINA ~SiTE VICINITY MAP g NOT TO SCALE AGENDA ITEM #9 DATE: March 23, 2005 TO: Honorable Mayor and City Council FROM: Marry Van Duyn, Assistant City Manager SUBJECT: APPEAL OF PLANNING COMMISSION REVOCATION OF USE PERMIT # UP-96-090 REGARDING CHRISTY'S BAR & GRILL AT 309 AIRPORT BOULEVARD RECOMMENDATION It is recommended that the City Council grant the applicant's request to continue the matter to the City Council meeting of April 13, 2005. BACKGROUND / DISCUSSION: At the applicant's request the matter was continued bom the City Council meeting of March 9, 2005 until the Council's meeting of March 23, 2005. The applicant requests that the City Council continue the matter until the next regularly scheduled Council meeting on April 13, 2005 in order that the applicant may confer with his legal representative. City staff including the Police Department does not have a concern with the applicant's request. CONCLUSION The City Council should continue the matter to the meeting of April 13, 2005. By: BY: ~-',rq,,~ ,. ( ~ . .... .B~ar~ ~Iagel (~ City Manageb-....__.