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HomeMy WebLinkAboutReso RDA 41-1983 RESOLUTION NO. 41 REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO A RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO THE OWNER PARTICIPATION AND DEVELOPMENT AGREEMENT BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that: 1. Execution. Execution of the Second Amendment to the Owner'Participation and Development Agreement by and among the Redevelopment Agency of the City of South San Francisco, the City of South San Francisco and Homart Development Company, which Amendment is attached hereto as Exhibit "A" and is incorporated by reference herein, is hereby authorized. 2. Signatures The Chairman is authorized to execute said Agreement on behalf of the Redevelopment Agency and the Executive Director attest his signature thereto. PASSED AND ADOPTED at a regular meeting of the Redevelopment Agency of the City of South San Francisco on this 15thday of June , 1983, by the following vote: AYES: Members Ronald A. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos, and Roberta Cerri Teglia NOES: None ABSENT: None Chairman ~mO~ ~ ~J~- Redevelopment Agency of the jA City of South San Francisco Executive Di rector Redevelopment Agency of the City of South San Francisco SECOND AMENDMENT OWNER PARTICIPATION AND DEVELOPMENT AGREEMENT This Second Amendment to Owner Participation and Development Agreement is made this day of , 1983, by and among CITY OF SOUTH SAN FRANCISCO, a municipal corporation (hereinafter called "City"), REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, a public body, corp- orate and politic (which, together with any successor public body or officer hereafter designated by or pursuant to law is hereinafter ca)led "Agency"), duly created, established and authorized to transact business and to exercise its powers, all under and pursuant to the Community Development Law of the State of California (Part 1 of Division 24 of the California Health and Safety Code) and have its office at the City Hall, 400 Grand Avenue, in the City of South San Francisco, California, and HOMART DEVELOPMENT CO. (hereinafter called "Developer"). RECITALS WHEREAS, City, Agency and Developer have entered that certain Owner Participation and Development Agreement (hereinafter called the "OPA") dated as of March 19, 1981 in connection with the Redevelopment Plan for the South San Francisco Gateway Redevelopment Project which provides for the redevelopment of an area located in the City of South San Francisco (hereimafter called the "Project Area"); and WHEREAS, City, Agency, Developer and Genentech, Inc. executed a First Amendment to the Owner Participation and Development Agreement on December 30, 1981; and WHEREAS, Paragraph 2.2.3 of the Owner Participation and Development Agreement, as amended by said First Amendment, provides that no party to the OPA shall be subject to any liability whatsoever for a failure to reach an agreement following negotiations required in Section 2.2 of the OPA, except that if an agreement is not reached by July 1, 1983 pursuant to which: (i) the Project's impact on the Oyster Point Separation is resolved and (ii) the cost sharing of suck resolution plan has been established, then Developer's Advance toward the cost of the Grand Avenue Separation pursuant to Paragraph 2.1.3 shall become a contribution. (No other advance by Developer shall be affected by such failure to reach an agreement.); and WHEREAS, the parties to the OPA desire to extend the time in which an agreement must be reached pursuant to said Paragraph 2.2.3; NOW, THEREFORE, the parties agree as follows: 1. Effective as of the date of this Amendment, Paragraph 2.2.3 of the OPA is hereby amended by substituting the date of August 31, 1983 in place of the date of July 1, 1983. 2. Except as amended by this Second Amendment to the Owner Participation and Development Agreement, the OPA as it existed on the effective date of this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Second Amendment to Owner Participation and Development Agreement to be duly executed as of the date first above written. REDEVELOMENT AGENCY OF THE CITY OF ATTEST: SOUTH SAN FRANCISCO Executive Di recto Chairman ATTEST: HOMART DEVELOPMENT CO. By: ATTEST: CITY OF SOUTH SAN FRANCISCO City Clerk Mayor 2 SECOND AMENDMENT OWNER PARTICIPATION AND DEVELOPMENT AGREEMENT This Second Amendment to Owner Participation and Development Agreement is made this day of , 1983, by and among CITY OF SOUTH SAN FRANCISCO, a municipal corporation (hereinafter called "City"), REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, a public body, corp- orate and politic (which, together with any successor public body or officer hereafter designated by or pursuant to law is hereinafter called "Agency"), duly created, established and authorized to transact business and to exercise its powers, all under and pursuant to the Community Development Law of the State of California (Part 1 of Division 24 of the California Health and Safety Code) and have its office at the City Hall, 400 Grand Avenue, in the City of South San Francisco, California, and HOMART DEVELOPMENT CO. (hereinafter called "Developer"). RECITALS WHEREAS, City, Agency and Developer have entered that certain Owner Participation and Development Agreement (hereinafter called the "OPA") dated as of March 19, 1981 in connection with the Redevelopment Plan for the South San Francisco Gateway Redevelopment Project which provides for the redevelopment of an area located in the City of South San Francisco (hereinafter called the "Project Area"); and WHEREAS, City, Agency, Developer and Genentech, Inc. executed a First Amendment to the Owner Participation and Development Agreement on December 30, 1981; and WHEREAS, Paragraph 2.2.3 of the Owner Participation and Development Agreement, as amended by said First Amendment, provides that no party to the OPA shall be subject to any liability whatsoever for a failure to reach an agreement following negotiations required in Section 2.2 of the OPA, except that if an agreement is not reached by July 1, 1983 pursuant to which: (il the Project's impact on the Oyster Point Separation is resolved and (ii) the cost sharing of such resolution plan has been established, then Developer's Advance toward the cost of the Grand Avenue Separation pursuant to Paragraph 2.1.3 shall become a contribution. (No other advance by Developer shall be affected by sUch failure to reach an agreement.); and WHEREAS, the parties to the OPA desire to extend the time in which an agreement must be reached pursuant to said Paragraph 2.2.3; NOW, THEREFORE, the parties agree as follows: 1. Effective as of the date of this Amendment, Paragraph 2.2.3 of the OPA is hereby amended by substituting the date of August 31, 1983 in place of the date of July 1, 1983. 2. Except as amended by this Second Amendment to the Owner Participation and Development Agreement, the OPA as it existed on the effective date of this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Second Amendment to Owner Participation and Development Agreement to be duly executed as of the date first above written. REDEVELOMENT AGENCY OF THE CITY OF ATTEST: SOUTH SAN FRANCISCO Executive Director Chairman ATTEST: HOMART DEVELOPMENT CO. By: -- ATTEST: CITY OF SOUTH SAN FRANCISCO City Clerk Mayor 2