HomeMy WebLinkAboutReso 109-2001RESOLUTION NO. 109-2001
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT (ENRA)
BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND
REST INVESTMENTS
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby authorizes the execution of an Exclusive Negotiating Rights
Agreement between the City of South San Francisco and REST Investments, attached hereto as
Exhibit A.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco, held on the 24th day of October 2001, by the
following vote:
AYES:
Councilmembers Pedro Gonzalez, Karyl Matsumoto and John R. Penna,
Mayor Pro Tem Eugene R. Mullin and Mayor Joseph A. Femekes
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
City Clerk
EXHIBIT A
EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT
BETWEEN REST INVESTMENT,
AND THE CITY OF SOUTH SAN FRANCISCO
RELATED TO THE "TILLO" PORTION
OF ASSESSOR'S PARCEL MAP NO. 015-180-020
This Agreement dated October ,2001 is entered into between REST
Investment (hereinafter "REST"), the City of South San Francisco, a Municipal
Corporation (hereinafter "City")
RECITALS
WHEREAS, the City owns property identified as APN 015-180-020 which includes the
property customarily identified as the "Tillo" portion and which is more fully described
in Exhibit A hereto;
WHEREAS, REST desires to lease an area not to exceed three acres of the subject
property and to combine the subject property with property it currently owns and leases,
and to construct a commercial parking facility to provide parking for airport patrons;
WHEREAS, the City desires to enter into an Exclusive Negotiating Rights Agreement
with REST to fulfill the purpose as set forth herein;
AGREEMENT
NOW, THEREFORE, REST, and the City hereby agree as follows:
The proposed development includes construction by REST of a commercial parking
facility to be developed in two phases: (1) The first phase will consist of an at grade
parking facility; (2) The second phase will consist of a, multi-story, commercial
parking facility, on an area not to exceed three acres of the Tiilo portion.
This Exclusive Negotiating Rights Agreement shall be effective for 180 days. If all
parties are making reasonable efforts to fulfill the tasks identified herein, the City
Manager, on behalf of the City, may extend the term of this Agreement for not more
than 120 days. Reasonable efforts on behalf of REST, shall be defined to include
timely submission of all information requested by the City.
3. REST will commence application for appropriate land use approvals including a,
conditional use permit/planned unit development.
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REST further agrees that it will, within 60 days obtain, at its own cost, a survey and
legal description of the Tilio piece of property REST desires to lease. The Parties
agree that the leased area shall not include any property deemed necessary by the City
for use as part of the City's Water Quality Control Plant.
REST further agrees that it will deposit necessary funds with the City for preparation
of the appropriate environmental review documents for consideration by the City.
City will, within 60 days, prepare a draft lease document for "an area not to exceed
three acres of the Tillo" portion of the subject property.
As this ENRA is prepared and executed prior to completion of appropriate
environmental review documents, nothing contained herein shall obligate the City
to approve any ground lease negotiated pursuant to this ENRA. The City shall retain
complete authority to determine whether or not to convey the Subject Property. The
City shall retain complete authority to review and approve or deny any ground lease
negotiated pursuant to this ENRA. The City and REST do agree, however, to
negotiate on the terms of the ground lease in good faith and the City agrees not to
negotiate for the sale or lease of the Subject Property during the term of the ENRA,
provided that the Developers are complying with the terms of this ENRA.
REST Investment Date
Robert E. Simms
Mike Wilson, City Manager
City of South San Francisco
Date
APPROVED AS TO FORM:
Steven T. Mattas
City Attorney/Agency Counsel
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