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Home My WebLink AboutReso RDA 3-2003RESOLUTION NO. 03-2003 REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING THE CONVEYANCE OF APPROXIMATELY 0.7 ACRES FROM BOSTON PROPERTIES TO THE SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY FOR CONSTRUCTION OF THE GATEWAY CHILDCARE CENTER WHEREAS, staff recommends the conveyance of approximately 0.7 acres from Boston Properties to the South San Francisco Redevelopment Agency for construction of the Gateway Childcare Center as described in the Grant Deed attached hereto as Exhibit A; and WHEREAS, the acquisition of the property is consistent with the General Plan and Gateway Redevelopment Plan as it furthers the goals of said plans by providing affordable childcare to the residents of the City of South San Francisco and employees of businesses within the Plan Area as determined by the Planning Commission pursuant to Government Code Section 65402; and WHEREAS, the Redevelopment Agency is authorized pursuant to South San Francisco Municipal Code Chapter 20.57.070 (d) to aid and cooperate with redevelopment projects located within the area in which they are authorized to act; and WHEREAS, the acquisition of the property and use as a childcare center is consistent with the goals, objectives and policies of South San Francisco Municipal Code Chapter 20.57, Gateway Specific Plan District and the Precise Plan adopted pursuant thereto. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that the Redevelopment Agency accepts the conveyance of approximately 0.7 acres from Boston Properties to the South San Francisco Redevelopment Agency for construction of the Gateway Childcare Center. BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to execute such documents as may be necessary to effect the conveyance, including any grant deeds, Covenant, Conditions and Restrictions and Certificates of Acceptance, subject to approval as to form by Agency Counsel. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at a regular meeting held on the 28th of May 2003 by the following vote: AYES: Boardmembers Joseph A. Femekes, Richard A. Garbarino, and Raymond L. Green and Vice-Chair Karyl Matsumoto and Chairman Pedro Gonzalez NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: EXHIBIT A RECORDING REOUESTED BY AND WHEN RECORDED MAIL TO: City Clerk-City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 GRANT DEED State of California County of San Mateo Documentary Transfer Tax: EXEMPT Transfer of Property to a Government Agency THIS GRANT DEED is made this __ day of May, 2003 by GATEWAY CENTER LLC, a Delaware limited liability company ("Grantor"), to the REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, a political subdivision of the State of California (the "Grantee"). WHEREAS, Grantor holds legal title to certain property more particularly described in Exhibit A hereto (the "Property"); and WHEREAS, Grantor desires to convey to Grantee all of its right, title and interest in and to the Property, subject to the terms of this Grant Deed. NOW THEREFORE for such good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant, bargain, sell.and convey unto the Grantee the Property. TOGETHER WITH all rights of ways, easements, rights, privileges and appurtenances thereto or in any way appertaining, all improvements thereon and all the estate, right, title, interest and claim, either at law or in equity, of Grantor in the said Property. PROVIDED, HOWEVER, this conveyance is made subject to: 1. The liens securing payment of ad valorem taxes for all subsequent years, as well as to those matters of record, or matters that could be disclosed by a visual inspection or accurate survey of the Property, as of the date hereof; 2. Covenants, conditions, restrictions and easements as set forth in that certain Second Amendment to Declaration of Covenants, Conditions and Restrictions for Gateway Center of even date herewith, entered into by and among Grantor, Grantee and others and being recorded in the Official Records of the County of San Mateo, California concurrently herewith, which Second Amendment and the Declaration referred to therein constitute restrictive covenants made pursuant to Section 1468 of the California Civil Code. /( Deleted: 3-31-03 ~ ~ Deleted: BOSTON //1 PROPERTIES/GATEWAY CENTER~I ,/ [ {South San Franciscol 557202.02/WLA BOSTON PROPERTIES/GATEWAY CENTER San Franc~co[,~, 88888-740/5-23-03~kll/kl[ ................................... ISouth . 3. IT IS UNDERSTOOD AND AGREED THAT GRANTOR IS NOT MAKIh/G AND SPECIFICALLY DISCLAIMS ANY WARRANTIE.S OR. REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE (OTHER THAN GRANTOR'S WARRANTY OF TITLE SET FORTH HEREIN), ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS, INGRESS OR EGRESS, OPERATING HISTORY OR PROJECTIONS, VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY, INCLUDING, WITHOUT LIMITATION, (i) THE VALUE, CONDITION, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PROPERTY, (ii) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO ANY OF THE PROPERTY AND (iii) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY. BY ITS ACCEPTANCE OF THIS GRANT DEED, GRANTEE ACKNOWLEDGES THAT IT HAS NOT RELIED UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY OF GRANTOR OR ANY AGENT OF GRANTOR. GRANTEE REPRESENTS THAT IT IS A KNOWLEDGEABLE PURCHASER OF REAL ESTATE AND THAT IT IS RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF GRANTEE'S CONSULTANTS IN PURCHASING THE PROPERTY AND THAT GRANTEE HAS CONDUCTED SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY AS GRANTEE DEEMED NECESSARY, INCLUDING, BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND IS RELYING UPON SAME. BY ITS ACCEPTANCE OF THIS GRANT DEED, GRANTEE ASSUMES THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL CONDITIONS, MAY NOT HAVE BEEN REVEALED BY GRANTEE'S INSPECTIONS AND INVESTIGATIONS. BY ITS ACCEPTANCE OF THIS GRANT DEED, GRANTEE ACKNOWLEDGES THAT GRANTOR IS CONVEYING TO GRANTEE AND GRANTEE IS ACCEPTING THE PROPERTY "AS IS, WHERE IS," WITH ALL FAULTS. BY ITS ACCEPTANCE OF THIS GRANT DEED, GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT THERE ARE NO ORAL AGREEMENTS, WARRANTIES, OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY GRANTOR, ANY AGENT OF GRANTOR OR ANY THIRD PARTY. . { Formatted RELEASE OF CLAIMS:.Grantee and anyone claiming by.and thm.ugh under Grantee hereby waives its right to recover from and fully and irrevocably releases Grantor and Grantor's respective employees, officers, directors, shareholders, beneficiaries, mortgagees, representatives, agents, servants, attorneys, affiliates, parent, subsidiaries, successors, and assigns and all persons, firms, corporations and organizations in its behalf ("Released Parties") from any and all claims, responsibility, and/or liability that it may now have or hereafter acquire against any of the Released Parties for any Deleted: 'l 557202.02/WLA 88888-740/5-23-03~_kll_/kll .................. -_2-_ ....................... l_South San Francisco[,~,t Deleted: 3-31-03 Deleted: BOSTON PROPERTIES/GATEWAY CENTER~I ISouth San Francisco] BOSTON PROPERTIES/GATEWAY CENTER costs, loss, liability, damages, expenses, demand, action, or cause of action arising from or related to the condition (including, without limitation, any construction defects, errors, omissions, or other conditions, latent or otherwise, and the presence in the soil, air, structures and surface and subsurface waters of materials or substances that have been or may in future be determined to be hazardous substances or otherwise toxic, hazardous, undesirable or subject to regulation and that may need to be specially treated handled and/or removed from the Property under current or future environmental laws or other Federal, state and local laws, regulations or guidelines), valuation, salability, or utility of the Property, or its suitability for any purpose whatsoever. The foregoing release does not release the Grantor from any claims of contribution or other remedies provided by law based on the actions or activities, of Grantor or its. contractors, agents., ...... 'I Formatted assigns or invitees in connection with remediation of the site, including, but not limited to, the excavation, transportation and disposal of Hazardous Materials from the site~that occurred prior to Grantee i Formatted accepting the property. Except as provided herein, the release includes claims for which Grantee is presently unaware or which Grantee does not presently suspect to exist which, if known by Grantee, would materially affect Grantee's release of Grantor. Grantee specifically waives the provisions of California Civil Code Section 1542, which provides as follows: i. "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN TO HIM MUST HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR.'~ '( Formatted . { Formatted Grantee's Initials ~ [ Deleted: BOSTON ///PROPERTIES/GATEWAY CENTERrl ~/ [ ISouth San Francisco] 557202.02/WLA BOSTON PROPERTIES/GATEWAY CENTER 88888-740/5-23 -03d_kll_/kl_l .................. -_32 ................... I South San Franc~scol,~, IN WITNESS WHEREOF, Grantor and Grantee have caused this Grant Deed to be executed by their respective representatives thereunto duly authorized as of the day and year first above written. "GRANTOR": GATEWAY CENTER LLC, a Delaware limited liability company By: Boston Properties Limited Partnership a Delaware limited partnership Its sole member By: Boston Properties, Inc. a Delaware corporation Its general partner By: Name: Its: "GRANTEE" REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, a political subdivision of the State of California By Its: APPROVED AS TO FORM: Steven T. Mattas, Agency General Counsel Deleted: 3-31-03 /[ Deletedl BOSTON ~f/ PROPERTIES/GATEWAY CENTER'! ISouth San Francisco] 557202.02/WLA BOSTON PROPERTIES/GATEWAY CENTER r/ 88888-740/5-23-03d_kll/kll -4- t ............................................. LSou h San Franc~scok~ STATE OF ) ) SS. COUNTY OF__.) On , before me, , a Notary Public in and for said state, 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 executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State STATE OF ) ) SS. COUNTY OF ) On , before me, , a Notary Public in and for said state, 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 executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State 557202.02/WLA BOSTON PROPERTLES/GATEWAY CENTER 88888-740/5-23-0:~kll/kl[ ............... -_5= ................. [South SanFranc~scol,~,' Deleted: 3-31-03 Delet~al:l-' BOSTON PROPERTIES/GATEWAY CENTER'][ [ South San Francisco ] EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY [TO BE PROVIDED] ' "//PROPERTIES/GATEWAY CENTER'! // [ [South Sim Franciscol 557202.02/WLA BOSTON PROPERTIES/GATEWAY CENTER 88888.740/5 -23 -03d_kll/kll -6- . ....................................... [South San FranclscoL_~