HomeMy WebLinkAboutReso 194-1984 RESOLUTION NO. 194-84
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
AMONG THE CITY OF SOUTH SAN FRANCISCO, THE SOUTH
SAN FRANCISCO REDEVELOPMENT AGENCY, W. W. DEAN AND
ASSOCIATES, RICH DIODATI DEVELOPMENT, HOMART DEVELOP-
MENT CO., CHILTERN DEVELOPMENT CORPORATION AND THE
KOLL COMPANY TO AFFILIATE TO PROMOTE AND MARKET THE
COMMERCIAL DEVELOPMENT OF THE HIGHWAY 101 CORRIDOR
BE IT RESOLVED by the City Council of the City of South San Francisco that:
WHEREAS, Government Code Section 37110 authorizes the City Council to
expand a sum not to exceed five percent (5%) of the money accruing to the general
fund in the fiscal year for promotion; and
WHEREAS, the City Council wishes to promote and market the commercial develop-
ment of the Highway 101 corridor located in South San Francisco between San
Francisco International Airport and Brisbane; and
WHEREAS, in order to accomplish the foregoing at minimum cost to the City
of South San Francisco, while assuring that a professional and effective promo-
tion of said Highway 101 corridor is achieved, it is necessary for the City to
participate in an affiliation of public and private interests to be known as
The Pacific International Business Center;
NOW, THEREFORE, IT IS FOUND, ORDERED AND DETERMINED AS FOLLOWS:
1. Based upon the foregoing recitals, it is necessary and proper to the
economic well being of the City of South San Francisco that the City participate
as a member in The Pacific International Business Center in order to market and
promote commercial development in a large area of the City located generally along
the Highway 101 corridor within the City limits of South San Francisco.
2. The agreement among the City of South San Francisco, the South San
·
Francisco Redevelopment Agency, W. W. Dean and Associates, Rich Diodati Development,
Homart Development Co., Chiltern Development Corporation and the Koll Company,
a copy of which is attached hereto as Exhibit "A", is hereby approved.
3. The Mayor is hereby authorized to execute said Agreement on behalf of
the City, 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 a regular
meeting held on the 28th day of November , 1984, by the following
vote'
AYES'
NOES'
Councilmembers Mark N. Addiego, Emanuele N. Damonte, Richard A. Haffey,
Gus Nicolopulos; and Roberta Cerri Te~qlia
None
ABSENT- None
ATTEST:
AGREE~NT
THIS AGREEMENT (the "Agreement") is entered into as of
May 1, 1984, by and among THE CITY OF SOUTH SAN FRANCISCO (the
"City"), THE SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY (the
"Agency"), W. W. DEAN & ASSOCIATES ("Dean"), RICH DIODATI
DEVELOPMENT ("Diodati"), HOMART DEVELOPMENT CO. ("Homart") and THE
KOLL COMPANY ("Koll"), hereinafter sometimes collectively called
·
the "Parties ".
R E C I TA L S:
A. The Parties desire to affiliate together to promote.
and market the commercial development of the Highway 101 Corridor
(the "Corridor") between the San Francisco International Airport
and B~isbane.
B. The Parties desire to hire David Wennstrom (the
"Consultant") to direct and coordinate such. promotion and
marketing pursuant to the provisions both of this Agreement and
the Consulting Agreement of even date herewith, a copy of which is
._
attached hereto as Exhibit A.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Affiliation.
The Parties hereby affiliate together as a~
unincorporated association known as The Pacific International
Business Center for the purposes of (i) promoting and marketing
the commercial development of the Corridor, (ii) hiring Consultant
upon the terms and conditions hereinafter set forth, and (iii)
taking all necessary actions to form a California nonprofit mutual
benefit corporation to 'promote and market the commercial
development of the Corridor, and for no other purpose.
2. Cost Sharing.
Each-of Dean, Diodati, Homart and Koll shall contribute
the following'portions of the Fee payable to Consultant under the
Consulting Agreement and shall share in the cost of all Authorized
Expenses and overhead charges of Consultant up to a maximum
aggregate sum of $25,500 for such Fee and Authorized Expenses, as
·
follows: Homart 59%; Koll 25%; Dean 10%; and Diodati 6%.. If the
Fee and Authorized Expenses payable to Consultant exceed $25,500,
such additional charges shall be shared by the Parties pursuant to
the mutual agreement of Homart, Ko!l, Dean and Diodati; provided,
however, that in no event shall the Fee and Authorized Expenses
· payable to Consultant under the Consulting Agreement be permitted
to exceed $25,500 without the prior written consent of each of
Homart, Koli, Dean and Diodati. The City and the Agency shall not
be required to pay any amo6nt under 'this Agreement.
3. Appointment of Diodati as AdministratOr.
The Parties appoint Diodati as administrative agent of
the Parties in dealing with Consultant, and grant Diodati all
power necessary so to act under the Consulting Agreement,
including, without limitation, the power to deliver notices,
review reports and records of Consultant and authorize and
reimburse Consultant for Authorized Expenses. The Parties agree
to indemnify and hold Diodati harmless from and against any
liability incurred in the performance of'. such' duties unless due to
the willful or negligent act or omission of Diodati.
4. Legal Relationship.
Except as otherwise expressly provided herein, none of
the Parties shall be the legal representative, partner, employee,
joint venturer or agent of any of the other Parties for any
purpose whatsoever.
5. Extension of Consultin~ Agreement. The term of the
'Consulting Agreement shall not be extended by the Parties unless
each of Homart, Diodati, Koll, Dean, the Agency and the City agree
in writing to such extension.
6. Agreement to Form Nonprofit Corporation.
The Parties have agreed to form a California nonprofit
mutual benefit corporation for the'purpose of promoting the
commercial development of the Corridor. Costs and expenses,
including legal fees, for ~uch incorporation shall be shared~~
Dean, Diodati, Homart and Koll. in tho same wr~orLio~ ~ p~ovide~
fur-in paragra~, 2 abovc.
7. Count. erparts.
one or more counterparts, all
This Agreement may be executed ~n/,
. I .Ii l,
of which taken together shall/f/~
constitute one and the same Agreement.
IN WITNESS WHEREOF, the parties have Caused their
authorized representatives to execute this Agreement on the day
and year first above written.
THE CITY OF SOUTH SAN FRANCISCO
By:
THE SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY
By:
W. W. DEAN & ASSOCIATES
RICH DIODATI DEVELOPMENT
HOMART DEVELOPMENT 2(~.
THE KOLL. COMPANY
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