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HomeMy WebLinkAboutReso RDA 10-1988 RESOLUTION NO. 10-88 REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING A SEVENTH AMENDMENT TO THE OWNER PARTICIPATION AND DEVELOPMENT AGREEMENT (GATEWAY REDEVELOPMENT PROJECT, HOMART DEVELOPMENT CO.) WHEREAS, the City of South San Francisco, the Redevelopment Agency of the City of South San Francisco, and Homart Development Co. have entered into an Owner Participation and Development Agreement (OPA) dated March 19, 1981 in connection with the Redevelopment Plan for the Gateway Redevelopment Project; and WHEREAS, there have been previous amendments to the OPA and now the City, Agency and Homart desire to enter into a further amendment concerning the construction of the Auxiliary Lane. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of South San Francisco that it hereby approves of the seventh amendment to the OPA and authorizes the Chairman to execute the amendment in substantially the same form as the attached Exhibit "1". I hereby certify that the foregoing Resolution was regularly introduced and adopted by the Redevelopment Agency of the City of South San Francisco at aregular meeting held on the22n~ay of June , 1988, by the fol lowing vote: AYES: Boardmembers Mark N. Addiego, Richard A. Haffey, Gus Nicolopulos, Roberta Cerri Teglia, and Jack Drago NOES: None ABSTAIN: None ABSENT: None City of S ATTEST: ~ ~n~y Redevelopment Age of South San Francisco ·" '~ EXHIBZT I TO RESOLUTION NO.' SEVENTH AKENDHENT OWNER PARTICIPATION AGREEMENT This Seventh Amendment to Owner Participation and Development Agreement is made as of this 22nd day of June , 1988, by and among CITY OF SOUTH SAN FRANCISCO, a municipaI corporation (hereinafter called #City"), REDEVELOPH~NT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, a public body, corporate and politic (which, together with any successor public body or officer hereinafter 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 Redevelopment Law of the State of California (Part I of -- Division 24 of the California Health and Safety Code) and having its office at the City Hall, 400 Grand Avenue, in the City of South San Francisco, California, and HOMART DEVELOPMENT CO. (hereinafter called UDeveloper). RECITALS: WHEREAS, City, Agency and Developer have entered into that certain Owner Participation and Development Agreement (hereinafter called the uOPA") dated as of March 19, 1981, :in connection with the Redevelopment Plan for the South San F~ancisco Redevelopment District, which provides for the redevelopment of an area located in the City of South San Francisco' (hereinafter"called the uProject Area"); and- · ~IERE~S, on December 30, 1981, Agency, Developer and Genentech, lnc..-entered into the First. ~aendment to the OPA, which First Amendment dealt primarily with the parcel within the Project Areas which Genentech, Inc. has acquired from Developer~ and WHE~, on June 16, 1983, City, Agency and Developer entered into the Second Amendment of the OPA, which Second Amendment extended the time for reaching an agreement pursuant to paragraph 2.2.3 of the OPA~ and WHEREAS, on August 24, 1983, City, Agency and Developer entered into the Third Amendment to the OPA, which Third Amendment '- extended the time for reaching an agreement pursuant to paragraph 2.2.3 of the OPA~ and __ WHEREAS, On September 30, 1983, City, Agency and Developer entered into the Fourth Amendment to the OPA ("Fourth Amendment") , which,, among other things, p~ovided for Developer's contribution toward the Oyster Point Separation and the possible expansion of the scope of development to permit 1,300 hotel rooms, subject to environmental review~ and WHEREAS, on November 13, 1985, City, Agency and DevelOper entered into the Fifth Amendment to the OPA to conform the Oyster Point contribution formula set forth in the Fourth Amendment .to the said formula which was adopted by the City Council as a part of' Resolution No. 71-84 and to expand the Scope of' .Development to permit the development of 1,300 hotel rooms on the Property~ and -2- WHEREJ~S, on October 8, 1986, ¢tky, Agency and Developer entered into the' Sixth ~mendment to the OPA to reflect a reduction in ~he inkerest rake In the Phase I assessment diskrict bonds as the result of ~he refinancing of such bonds and on ~he basis of such reduction, reduce the interest rate on the repayment obligation of ~he Agency for the Agency's share of the Phase T assessment district improve~ents; ~IERE~, City, Agency and Developer desire to enter into a further amendment of the OPA to ex~end the deadline set fo~ch paragraph 2. l(b) of the Fourth Amendment for the co~ence~ent of construction of the Auxiliar~ Lane; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as oo o 1. Paraqraph 2.1(b) o£ the Fourth ~mendment shall be ' - modified to read as follows: "If construction of the Auxiliary Lane has not .. commenced by ~une 30, 1989, Developer's obligation to ma]~e a cash Contribution toward the cost thereof shall expire~~' 2. Paragraph 2.1(d) of the Fourth Amendment shall be .. modified to read as follows: " "The construction of the Auxiliary Lane is included as a part: of Phase II of the Gateway Assessment District. If construction of the Auxiliary Lane is undertaken by the Assessment District prior to June 30, 1989 and funds in the Assessment District, presently uncommitted to meet other obligat~ons of ~he Assessment Distr~ct, are ~nsuff~c~ent to pay the cost of the construction of the ~lla~ ~ne, Developer shall pay the d~fferrence between ~e funds available ~n ~e ~ssessment D~str~ct and $~50,000. If the const~ct~on of ~e ~ux~l~a~ ~ne ~s ~de~aken by '~e ~ssessmen~ D~str~ck, ~veloper sh~ll have no r~qh~ to re~ursemen~ for an~ p°~on of ~e cos2 ~ereof. ~ '- 3. EXcep~ as m~f~ed by ~s Seven~ ~en~ent, ~e OP~ as prev~ousl~ amended ~s ~a~f~ed and confl~ed. IN WI~SS ~OF, ~e pa~es hereto have executed th~s Seven~ ~en~ent to ~e ~er Pa~cipat~on ~d Development Agreement as of ~e day and year f~rst ~ove ~tten, .. REDEVELOPHENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO " ATTEST: By: Executive Director Chairman CITY OF SOUTH SAN FRANCISCO ATTEST: ? By ;' City Clerk Mayor HOMART DEVELOPMENT CO. ATTEST: .. Secretary -4-