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
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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