Loading...
HomeMy WebLinkAboutReso 29-2000RESOLUTION NO. 29-2000 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AN AGREEMENT BETWEEN GREYSTONE HOMES, INC. AND THE CITY OF SOUTH SAN FRANCISCO WHEREAS, the City of South San Francisco previously approved Greystone Homes, Inc. ("Greystone") application for development of the Promenade subdivision; and WHEREAS, consistent with the aforementioned application, Greystone has agreed to provide a pedestrian access between the Promenade subdivision and the adjacent Greenridge development under the terms provided in the Agreement and attached exhibits. BE IT RESOLVED by the City Council of the City of South San Francisco that it hereby approves the Improvement Agreement to Provide Pedestrian Access Between Greystone Promenade and Greenridge Projects per GP-96-116, RZ-96-116, SA-96-116 and PUD 96-116. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement on behalf of the City. 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 Spec iai meeting held on the __ 12th:lay of April ,2000 by the following vote: AYES: Councilmembers James L. Datzman, Eugene R. Mullin and John R. Penna, Mayor Pro Tem Joseph A. Fernekes and Mayor Karyl Matsumoto NOES: None. ABSTAIN: None. ABSENT: None. J:\WPD\MN RSWX405\00 l\RESO\greypedreso.doc ATTEST: rk IMPROVEMENT AGREEMENT TO PROVIDE PEDESTRIAN ACCESS BETWEEN GREYSTONE PROMENADE AND GREENRDIGE PROJECTS PER GP-96-116, RZ- 96-116, SA-96-116 AND PUD 96-116 This Pedestrian Access Improvement Agreement ("Agreement") is intended to facilitate resolution of issues related to a proposed pedestrian access ("access") between Greystone Homes Promenade subdivision and the adjacent Greenridge project and is entered as of April __, 2000 between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation ("City") and GREYSTONE HOMES, INC., a corporation ("Greystone"). RECITALS WHEREAS, Greystone and City intend this Agreement govern only the provision for a pedestrian access between the two properties and does not eliminate or modify any terms and conditions otherwise contained in previous agreements or the Conditions of Approval; WHEREAS, Greystone has requested the City immediately issue 13 Certificates of Occupancy for homes Greystone has built and sold to home buyers within the Promenade subdivision; and WHEREAS, Greystone and City agree the planned access was contemplated by both parties during Greystone's application for development of the Promenade subdivision and was a condition of development approval ("pedestrian access condition of approval"); and WHEREAS, Greystone intended to construct the pedestrian access between the Promenade subdivision and the adjacent Greenridge affordable housing development; and WHEREAS, Greystone failed to reserve a right of access across one of its subdivided lots adjacent to the Greenridge development, said access being necessary to construct the pedestrian access as depicted on the Landscape and Improvement Maps dated January 30, 1998 and as described in the Project Description submitted to the City; and WHEREAS, Greystone and City intend to cooperate to ensure Greystone will'take steps to obtain the easement necessary for the pedestrian access, either directly through purchase or indirectly through payment of all reasonable costs incun'ed by the City if the City should choose to obtain the easement through exercise of its condemnation power; and -1- WHEREAS, Greystone would then construct the access between the public street in the Promenade community and the stairs constructed at the Greenridge subdivision for this purpose and would construct the access at no cost to the City. NOW THEREFORE, for and in consideration of the issuance of 13 Certificates of Occupancy concurrent with the execution hereof by both, the parties agree as follows: Greystone agrees to make an offer to purchase an easement from the property owner adjacent to the proposed access. It is understood this offer has been made in writing to the homeowner in Greystone's letter dated March 31, 2000 which has been provided to the City. Concurrent with the execution of this Agreement, Greystone shall make an amended offer to purchase the property and structure the offer to the satisfaction of the City Manager. Should the property owner refuse to accept either of the two offers made by Greystone as described in paragraphs 1 and 2 above, the City will have the option at its sole discretion of (a) continuing to persuade the property owner to accept Greystone's offer which will remain open until June 30, 2000 or (b) work with Greystone on another method of providing access for the residents of the Greenridge development. Should the City choose (b), Greystone and City agree to cooperate and work together using their best efforts and in good faith to establish an alternative method of access. The 13 Certificates of Occupancy referenced herein shall be issued concurrently with the execution of this Agreement provided that Greystone has satisfied the terms and conditions of the Alta Loma Park and School Improvements Agreement dated November 29, 1999. Acceptance of the Certificates of Occupancy shall constitute agreement with the terms and conditions set forth in this Agreement and all provisions, including recitals, contained herein. To the extent that Greystone is unable to acquire the property as provided in this Agreement through negotiation with the property owners, the City agrees it may schedule, hold a hearing on and consider a resolution of necessity authorizing the use of the City's property acquisition proceedings in order to acquire said property through the exercise of the City's power of eminent domain, in accordance with applicable law. o Greystone acknowledges that the City has absolute discretion in determining whether or not it should hold hearings on or adopt, a resolution of necessity with regard to the acquisition of a parcel or any portion thereof, and therefore, nothing in this Agreement shall obligate the City to adopt a resolution of necessity with respect to any property or subject the City to liability for the failure to adopt such a resolution. -2- If the City acquires the property through its powers of eminent domain, Greystone shall pay all costs, including City's attorney fees and the fair market value of the easement, incurred as a result of condemning the easement. Greystone further agrees to hold harmless, indemnify and, at the City's request and with attorneys selected by City, defend the 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 Greystone, its agents, contractors, subcontractors or employees in connection with the performance of this Agreement. o City and Greystone agree that time is of the essence and further agree to coordinate their efforts to ensure timely compliance with the provisions of this Agreement. o Greystone agrees that once the property is obtained from the current property owner, Greystone shall be responsible for constructing the access in accordance with the Project Description and previously submitted plans and maps as well as in accordance with the terms stated in the offer to the property owner. Said construction will be at the sole expense of Greystone and shall be completed within 60 days of obtaining the property. 10. The City accepts Greystone's performance of this Agreement in full satisfaction of the pedestrian access condition of approval. To the extent that Greystone is otherwise entitled to the issuance of Certificates of Occupancy or development approvals for additional homes in its Promenade community, the City will not rely on the pedestrian access condition of approval to withhold such approvals. 11. Greystone and the City acknowledge that Greystone continues to have obligations to complete the improvements at the park and school sites associated with the Promenade community and that this Agreement will not serve to release the Certificates of Occupancy if the terms and conditions of the Alta Loma Park and School Improvements Agreement have not been satisfied. 12. City and Greystone agree that time is of the essence and further agree to coordinate their efforts to ensure timely compliance with the provisions of this Agreement. -3- 13. Nothing in this Agreement is intended to modify the development approvals and agreements already in place. The parties have executed this Agreement as of the date first written above. CITY OF SOUTH SAN FRANCISCO, a municipal corporation Date signed: Approved as to form: By: Michael A. Wilson, City Manager Steven T. Mattas, City Attorney Attest: Sylvia M. Payne, City Clerk Date Signed: GREYSTONE HOMES, Inc. By: Steve G. Delva J:\WPDWINRSW'x405\001LhGREEX2000XApril\Greystoneaccess.doc