HomeMy WebLinkAboutReso 14-2007
RESOLUTION NO. 14-2007
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF A COST RECOVERY AGREEMENT IN
CONNECTION WITH THE FINAL TERRABA Y PHASE III
SPECIFIC PLAN FROM TERRABA Y PARTNERS, LLC
WHEREAS, Terrabay Partners, LLC ("Developer") is the owner of certain real
property located within the City of South San Francisco, San Mateo County at the base of
San Bruno Mountain; and
WHEREAS, Developer has obtained City Council approval and the required land use
entitlelnents, including both Terrabay Specific and Precise Plan amendments and Zoning
Code amendments for a project proposal ("2006 Project") on the 21-acre site involving the
construction of two office towers along with 24,000 square feet of retail cOlnmercial use, a
200-seat shared use perfonning arts facility, and a day care center; and
WHEREAS, General Condition of Approval #3 for the 2006 Project requires that
Developer, prior to issuance of any grading or building pennits for construction of the
project, enter into a formal cost recovery agreelnent with the City to govern the
reimburselnent for City services; and
WHEREAS, the applicable Condition of Approval requires that within 48 hours of
City Council approval of the 2006 Project, Developer shall provide the City with a
$75,000.00 cash deposit for the purposes of on-going cost recovery, to be placed within a
savings account ("the Developlnent Account") established solely for the reimburselnent of
City costs incurred in adlninistering the Project. Developer has deposited such amount with
City in satisfaction of such requirement; and
WHEREAS, Developer acknowledges that the Developlnent Account expenses Inay
not include any additional fees and charges required by law, ordinance or resolution to be
paid to City by Developer, such as application fees, inspection fees, connection and/or tap
fees, and other processing fees for land use entitlements or permits that may be required for
this Project, or any other project and also do not include the costs for the facilities and
infrastructure necessary to provide services to the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South
San Francisco that the City Council hereby authorizes the Cost Recovery Agreement between
the City of South San Francisco and Terrabay Partners, LLC for Terrabay Phase III.
BE IT FURTHER RESOLVED that the City Manager and the City Attorney are
hereby authorized to execute the agreements on behalf of the City of South San Francisco.
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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 regular Ineeting held on the 14th
day of March 2007 by the following vote:
AYES:
Councihnelnbers Mark N. Addiego, Joseph A. Femekes and Karyl Matsulnoto,
Vice Mayor Pedro Gonzalez and Mayor Richard A. Garbarino
NOES:
ABSTAIN:
ABSENT:
ATTEST: