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HomeMy WebLinkAboutReso 118-1983 RESOLUTION NO. 118-83 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIF(ONIA A RESOLUTION AUTHORIZIhJG THE ]EXEC'UI~ION OF A THIRD AMENDMENT TO THE OWNER PARTICIPATION AND DEVELOPMENT AGREEMENT that: BE IT RESOLVED by the City Council of the City of South San Francisco 1. Execution. Execution of the Third 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 Mayor is authorized to execute said Amendment, and the City Clerk attest his signature thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at an adj. regular meeting held on the 24th day of August , 1983, by the following vote: AYES: Councilmembers Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Roberta Cerri Teglia NOES: None -- ABSENT: None EXJ[ qlT "A" TO RESOLUTION NO. 118-~ TH I RD 'AME NDME NT OWNER PARTICIPATION AND DEVELOPMENT AGREEMENT This Third Amendment to Owner ParticiPation and Development Agreement is made this 24th day of August , 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 Redevelopm'ent 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 OPA on December 30,1981 and a Second Amendment to the OPA on june 15, 1983; and WHEREAS, Paragraph 2.2.3 of the Owner Participation and Development Agreement, as amended by said First and Second Amendments, provides that no party to the OPA shall be subject to any liability whatsoever for a fa.i,,~ure,.to reach an CENTRAL RECORDS ( i, agreement following negotiations ~equired in Section 2.2 of the OPA, except that if an agreement is not reached by August 31, 1983 pursuant to which: (i) the Project's impact on the Oyster Point Separation is resolved and (ii) the cost sharing of such resolution plan has bee, 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 agreeme,t.); 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 September 30, 1983 in place"of the date of August 31, 1983. 2. .Except as amended by this Third 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 Third Amendment to Owner Participation and Development Agreement to be duly executed as of the date first above written. ATTEST: Executive Di rector ATTEST: REDEVELOMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO HOMART DEVELOPMENT CO. ATTEST' CITY OF SOUTH SAN FRANCISCO y Clerk