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HomeMy WebLinkAboutReso 12-2011RESOLUTION NO. 12-2011 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AN AMENDMENT TO EXTEND THE MEMORANDUM OF UNDERSTANDING AMONG THE CITY OF SOUTH SAN FRANCISCO, REDEVELOPMENT AGENCY OF THE C:[TY OF SOUTH SAN FRANCISCO AND THE SAN MATEO COUNTY HARBOR DISTRICT FOR POTENTIAL DEVELOI?MENT 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. (as amended, the "Project Area"); and, WHEREAS, the City is the owner of certain real property located within the Project Area and commonly known as the Oyster Point Marina ("Marina Property"); and, WHEREAS, the City and the San Mateo County Harbor District ("District") have established a joint powers authority that governs the development, operations, and maintenance of the Oyster Point Marina Property, including management of the Oyster Point Marina by the District; 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 and the Oyster Point Business Park ("Project"), which requires collaboration amongst the City, t'.he District, the Agency and S/SKS; and, WHEREAS, in May 2009 the City Council and Redevelopment Agency Board approved a non-binding Memorandum of Understanding ("1VIOU"), that establishes a mutual understanding among the City, the Agency and the District regarding the potential conveyance of lease interests and portions of the area commonly known as the Marina Property, and the potential development an office/research and development life sciences campus, commercial development, and substantial public amenities for the Project; and, WHEREAS, the MOU provided in Section 4 that its effective term ("Term") would commence on the specified Effective Date of May 27, 2009, and would terminate five hundred forty (540) days thereafter, unless extended or earlier terminated as provided in the MOU. The MOU further specified that the Parties may extend the Term for a maximum of three (3) additional thirty (30) calendar day terms; and, WHEREAS, in accordance with the MOU, on December 1, 2010, the District approved a sixty (60) day extension of the MOU, which extension was subsequently approved administratively bythe City and Agency; and, WHEREAS, the City and Agency administratively approved an additional thirty (30) day extension that was then approved by the District on January 19, 2011, such that the MOU is now set to expire on February 16, 2011; and, WHEREAS, in order to complete environmental review and obtain required governmental approvals and entitlements for the proposed Project, the Parties have determined that it is necessary to extend the Term beyond that set forth in the MOU, including the three additiona130-day extensions specified in the MOU; and, WHEREAS, the City, the Agency, and the District 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 the California Environmental Quality Act (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 execute 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 (4) Directs the members, employees, officers, anti agents of the City to jointly and severally do any and all things and to execute and deliver an,y and all other agreements deemed necessary to carry out, give effect to, and comply with the ternns and intent of this Resolution and the First Amendment to the MOU as approved by this Resolution so long as such agreements do not materially or substantially increase the City's obligations with respect to the First Amendment to the MOU. 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 26th day of January 2011 by the following vote: AYES: Councilmembers Mark Addiego, Pedro Gonzalez, and Karyl Matsumoto, Vice Mayor Richard A. Garbarino and Mayor Kevin Mullin NOES: None ABSTAIN: None ABSENT: None A' FIRST AMENDMENT TO MEMORANDUM C)F UNDERSTANDING (Harbor District -Oyster Point Marina) THIS FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING (this "First Amendment"), dated and made effective as of _ , 20~ (the "Effective Date") is entered into by and among the City of South San Francisco, a C:alifornia municipal corporation ("City"), South San Francisco Redevelopment Agency, a public body, corporate and politic ("Agency") and the San Mateo County Harbor District, a political subdivision of the State of California ("District"). City, Agency, and District are hereinafter collectively referred to as the "Parties." RECITALS A. The Parties previously entered a Memorandum of Understanding ("MOU"), effective as of May 27, 2009, setting forth preliminary points of agreement among the Parties regarding the potential conveyance of lease interests and portions of the area commonly known as the Oyster Point Marina ("Marina Property"), for the patentia[ development an office/research and development life sciences campus, carnmercial development {including retail, restaurants, and hotel uses), and substantial public amenities located on the Oyster Point Business Park ("Business Park"} and the Marina Property ("Project"). B. The MOU provided in Section 4 that its effective term ("Term") would commence on the specified Effective Date of May 27, 2009, and would terminate five hundred forty (540) days thereafter, unless extended or earlier terminated as provided in t:he MOU. The MOU further specified that the Parties may extend the Term for a maximum of three (3) additional thirty (30} calendar day terms. C. In accordance with the MOU, on December 1, 2010, the District approved a sixty (60) day extension of the MOU, which extension was subsequently approved by the City and Agency, such that the MOU is now set to expire on January 17, 2011. D. In order to complete environmental review and obtain required governmental approvals and entitlements for the proposed Project, the Parties have determined that it is necessary to extend. the Term beyond that set forth in the MOU, including the three additiona130-day extensions specified in the MOU. NOW THEREFORE, in consideration of the mutual covenants and agreements set forth in the MOU and hereinafter, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT Section 1 MOU in Effect. The Parties acknowledge and agree that the MOU remains in full force and effect. Section 2 Section 4 Amended. Section 4 of the MOU is hereby amended to read in full as follows: sf-2884308 Section 4 Term. The term of this MOU (the "Term") shall commence on the Effective Date, and shall terminate on September 3O, 201 1, unless extended or earlier terminated as provided herein. The Term maybe; extended for up to a maximum of three (3) additional thirty (30) calendar day terms upon the mutual written agreement of District acting through and in the discretion of its General Manager, the Agency acting through and in the discretion of its Executive Director and the City acting through and in the discretion. of its City Manager, or may be extended as otherwise mutually agreed upon by the Parties. Section 3 Other Terms and Conditions to Remain in Ei:fect. All other provisions, terms, and conditions of the MOU not expressly amended by this Firsi; Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have exeGUted this First Amendment effective as of the date first written above. CITY CITY OF SOUTH SAN FRANCISCO, a municipal corporation AGENCY REDEVELOPMENT AGENCY OF THE CITY OF SOUTH SAN FRANCISCO, a public body, corporate and politic By: Name: By: Name: City Manager Executive Director ATTEST: ATTEST: By: By: _ City Clerk Agency Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: ._ City Attorney Agency General Counsel sf-2884308 2 DISTRICT SAN MATED COUNTY HARBOR DISTRICT, apolitical subdivision of the State of California Bv: Name: General Manager ATTEST: By: District Secretary APPROVED AS TO FORM: By: District Counsel sf-2884308