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HomeMy WebLinkAboutOB RESO 7-2014 RESOLUTION NO. 7-2014 OVERSIGHT BOARD FOR THE SUCCESSOR AGENCY TO THE CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY APPROVING AN EXCLUSIVE NEGOTIATION RIGHTS AGREEMENT WITH BROOKWOOD EQUITIES LLP FOR POTENTIAL DISPOSITION AND DEVELOPMENT OF 201-227 GRAND AVENUE AND 418 LINDEN AVENUE WHEREAS, the Successor Agency ("Agency") is the owner of certain real property (the "Successor Agency Property") located in the City of South San Francisco, California, known as County Assessor's Parcel Numbers 012-316-110 (201 Grand Avenue), 012-316-100 (207 Grand Avenue), 012-316-090 (217-219 Grand Avenue), and 012-316-070 (207 Grand Avenue); and WHEREAS, the City of South San Francisco ("City") is the owner of certain real property located in the City of South San Francisco, California, known as County Assessor's Parcel Number 012-314-010 ("418 Linden Avenue"); and WHEREAS, the Successor Agency Property was transferred from the City of South San Francisco to the Agency pursuant to Grant Deeds; and WHEREAS, on June 29, 2011 the legislature of the State of California (the "State") adopted Assembly Bill xl 26 ("AB 26"), which amended provisions of the Redevelopment Law; and WHEREAS, pursuant to AB 26 and the California Supreme Court decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., which upheld AB 26 (together with AB 1484, the "Dissolution Law"), the Redevelopment Agency was dissolved on February 1, 2012; and WHEREAS, pursuant to the Dissolution Law, the Agency has prepared and the Oversight Board has approved a Long Range Property Management Plan ("LRPMP") which is presently under review by California Department of Finance ("DOF"); and, WHEREAS, the LRPMP being reviewed by the DOF includes development plans for the Successor Agency Property; and, WHEREAS, DOF approval of a LRPMP authorizing a process for conveyance of the Successor Agency Property is required prior to conveyance of the Successor Agency Property, and, WHEREAS, the City and Agency are interested in selling 418 Linden and the Successor Agency Property to Brookwood Equities LLP,a Delaware limited liability company("Developer") contingent upon Developer securing all of funding for the Project and applying for land use entitlements from the City of South San Francisco and if such funding is secured and entitlements are granted constructing approximately 90 multi-family residential units ("Project") of which approximately 18 will be affordable to low- and moderate-income households on 418 Linden Avenue and the Successor Agency Property; and WHEREAS, the Developer has requested the exclusive right to collaborate with City to develop the Project and negotiate with the City and Agency for the purpose of reaching agreement on a project description, appropriate land uses, economic feasibility, and a definitive agreement 1 whose terms and conditions would govern any conveyance of 418 Linden and Successor Agency Property and the development of 418 Linden and the Successor Agency Property; and WHEREAS, City as Housing Successor Agency shall contribute $921,600 during entitlement period for predevelopment costs for both sites; and WHEREAS, City desires to grant Developer the exclusive right to collaborate and negotiate with City with regard to development of the 418 Linden and the Successor Agency Property; and WHEREAS, the Successor Agency Counsel has prepared an Exclusive Negotiation Rights Agreement ("Agreement") with Developer to reflect the terms and conditions of such exclusive collaboration and negotiation. NOW, THEREFORE, the Oversight Board to the former Redevelopment Agency of the City of South San Francisco does hereby resolve as follows: 1. The Recitals set forth above are true and correct, and are incorporated herein by reference. 2. The Agreement, substantially in the form attached hereto, is hereby approved, and the Executive Director or his designee is hereby authorized to execute it on behalf of the Successor Agency; to make revisions to the Agreement, with review and approval by the Agency Counsel, which do not materially or substantially increase the Agency's obligations thereunder; to sign all documents; to make all approvals and take all actions necessary or appropriate to carry out and implement the intent of this Resolution. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Oversight Board for the Successor Agency to the City of South San Francisco Redevelopment Agency at a regular meeting held on the 21st day of October, 2014 by the following vote: AYES: Boardmembers Addiego, Farrales, Gross, Vice Chairperson Ernsberger and Chairperson Cullen. NOES: None. ABSTAIN: None. ABSENT: Boardmembers Christensen and Scannell. ATTEST: 410"Mhryn Reodica, Deputy Clerk Oversight Board for the Successor Agency to the South San Francisco Redevelopment Agency 2