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HomeMy WebLinkAboutReso 83-2010RESOLUTION NO. 83-2010 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AN ~~~IENDMENT TO EXTEND THE MEMORANDUM OF UNDERSTANDING AMONG THE CITY OF SOUTH SAN FRANCISCO, REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO AND OYSTER POINT VENTURES LLC FOR POTENTIAL DEVELOPMENT OF THE OYSTER POINT MARINA AND OYSTER POINT BUSINESS PARK WHEREAS, the City Council of the City of South San Francisco ("City") has adopted a Redevelopment Plan for the Downtown/Central Project Area I;as amended, the "Project Area"); and, WHEREAS, the City is the owner of certain real propel-ty located within the Project Area and commonly known as the Oyster Point Marina ("Marina Property"); and, WHEREAS, Oyster Point Ventures LLC, a joint venture between Shorenstein Properties and SKS Investments LLC ("S/SKS"), purchased the Oyster Point Business Park, which is adjacent to the Oyster Point Marina, for the purpose of developing the Oyster Point Business Park into a modern research and development life sciences campus; and, WHEREAS, in collaboration with the City and the South San Francisco Redevelopment Agency, S/SKS has proposed apublic-private development approach that would result in an integrated development of the Oyster Point Marina anal the Oyster Point Business Park ("Project"); and, WHEREAS, in May 2009 the City Council and Redevelopment Agency Board approved anon-binding Memorandum of Understanding ("MOU"), that f:stablishes anon-binding tentative understanding among the City, Agency and S/SKS regarding (1) a description of the Project to undertake the required analysis by the City and Agency pursuant to the California Environmental Quality Act ("CEQA"), (2) the feasibility of the project and allocation of estimated costs among the parties, and (3) the necessary planning activities, entitle~ne;nts and agreements to implement the Project; and, WHEREAS, the City, Agency, and S/SKS now all wish to extend the term of the MOU, as described in the proposed First Amendment, attached to this Resolution as Attachment 1; and WHEREAS, the First Amendment to the MOU would extend the effective period of the MOU, but would not change any other sections, terms, or conditions of the MOU, which would remain in full force and effect; and WHEREAS, the MOU is a preliminary, non-binding agreement, and neither the MOU nor the First Amendment thereto, commits the City to a definite course of action or forecloses consideration of alternatives; and certification of environmental review pursuant to CEQA will be required prior approval of any land use entitlements for the Project; therefore, execution of this First Amendment to the MOU is not an "approval" of a "project," as those terms are defined in CEQA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby: (1) Finds and determines that the recitals are true and correct; (2) Approves the First Amendment to the MOU in substantially the same form attached hereto as Attachment 1; (3) Authorizes the City Manager to enter into and e:~ecute the First Amendment to the MOU in substantially the same form as attached hereto as Attachment 1, and with any revisions, amendments, or modifications deemed necessary by the City Attorney to carry out the intent of this Resolution and which do not materially or substantially increase the City's obligations thereunder; and 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 8th day of September 2010 by the following vote: AYES: Councilmembers Pedro Gonzalez, Richard A. Garbarino, and Karyl Matsumoto, Vice Mayor Kevin Mullin and Mayor Mark Adcliego NOES: None ABSTAIN: None ABSENT: None ~- ATTEST:_ ~ ~ Clerk _ ~~