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HomeMy WebLinkAboutReso 01-2015 RESOLUTION NO. 01-2015 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT (ENRA) BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND ROTARY PLAZA, INC. FOR THE PROPERTIES LOCATED AT 310-320 MILLER AVENUE. WHEREAS, the City is the owner of certain real property (the "Property") located in the City of South San Francisco, California, known as County Assessor's Parcel Numbers 012-311- 230 (310 Miller Avenue), 012-311-240 (312 Miller Avenue) , 012-311-250 (314 Miller Avenue and 012-311-260; and WHEREAS, on June 29, 2011 the legislature of the State of California (the "State") adopted Assembly Bill xl 26 ("AB 26"), which amended provisions of the Redevelopment Law; and WHEREAS, pursuant to AB 26 and the California Supreme Court decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., which upheld AB 26 (together with AB 1484, the "Dissolution Law"), the former South San Francisco Redevelopment Agency was dissolved on February 1, 2012; and WHEREAS, pursuant to the Dissolution Law, the State of California Department of Finance ("DOF"), on August 31,2012, approved transfer of certain properties, including a portion of the Property,to the City of South San Francisco in its capacity as Successor Housing Agency. WHEREAS, the City is interested in conveying the Property to Rotary Plaza, Inc, ("Developer") contingent upon Developer preparing all appropriate environmental review documents, and applying for land use entitlements from the City of South San Francisco and if such entitlements are granted constructing a mixed use development of between 69 and 94 senior affordable residential units (of which 49% will be deed restricted by the City as affordable to senior residents whose income does not exceed 50% of the area median income and 51% of which will be deed restricted as affordable to low-income senior residents by Low-Income Housing Tax Credit provisions) and up to 6,500 square feet of commercial development on the Property; and, WHEREAS, Developer anticipates expending funds to prepare environmental review documents, architectural and design drawings and conduct certain studies that are needed to assess the feasibility of the Project and seek land use entitlements and therefore requires a grant of exclusive negotiating rights in order to be willing to make such expenditures; and WHEREAS, City desires to grant Developer the exclusive right to negotiate with City with regard to development of the 310-320 Miller Avenue; and WHEREAS, the City Attorney has prepared an Exclusive Negotiation Rights Agreement ("Agreement") with Developer to reflect the terms and conditions of such exclusive collaboration and negotiation. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby resolve as follows: 1. The Recitals set forth above are true and correct, and are incorporated herein by reference. 2. The Agreement, substantially in the form attached hereto, is hereby approved, and the City Manager or his designee is hereby authorized to execute it on behalf of the City; to make revisions to the Agreement, with review and approval by the City Attorney, which do not materially or substantially increase the Agency's obligations thereunder; to sign all documents; to make all approvals and take all actions necessary or appropriate to carry out and implement the intent of this Resolution. 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 14th day of January, 2015 by the following vote: AYES: Councilmembers Karyl Matsumoto, Pradeep Gupta, and Liza Normandy Vice Mayor Mark N. Addiego and Mayor Richard A. Garbarino NOES: None ABSTAIN: None ABSENT: None ATTEST elli ity Clerk