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HomeMy WebLinkAboutReso 20-2011RESOLUTION NO. 20-2011 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO,STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE CITY TO ACCEPT AN ASSIGNMENT OF RIGHTS AND OBLIGATIONS OF THE SOUTH SAN FRANCISCO REDEVELOPM:ENT AGENCY IN THE OPA ASSIGNED TO HCP LIFE SCIENCE REIT, INC. IN THE EVENT THE SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY IS TERM][NATED DURING THE TERM OF THE OPA WHEREAS, the Redevelopment Agency of the City of South San Francisco (the "Agency") entered into a Owner Participation Agreement ("OPA") with Hines Oyster Point, LLC ("Hines") dated November 21, 2000, recorded in the oi~ficial records of the County of San Mateo, California (the "Official Records") on April 20, 2001., as Document No. 2001-054835 as amended by that certain First Amendment to Owner Participation Agreement dated September 26, 2001 recorded in the Official Records on December 6, 2(101, as Document No 2001-197921 (collectively, the "OPA"), which relates development of Parcel 1 of Parcel Map No. 97-027 as recorded in Volume 70, pages 33-40, Official Records ("Parcf;l 1 "); and WHEREAS, after the execution of the OPA, Parcel 1 was subdivided into six (6) separate parcels, referred to in the OPA as the "Office Parcels" and "Hotel Parcel", respectively (collectively, the "Parcels"); and WHEREAS, on September 8, 2004 Hines transferred its rights and interests in the Office Parcels to Genentech, Inc., a Delaware corporation ("Genentech") by entering into a Assignment and Assumption and Notice of Transfer of the Owner Participation Agreement; and WHEREAS, on September 8, 2004, the Agency approved of the assignment and transfer of the Office Parcels from Hines to Genentech; and WHEREAS, on May 3, 2007, HMS Oyster Point, LLC, a Delaware limited liability company (previously known as Hines Oyster Point, LLC) transferred its rights and interests in the Hotel Parcel to HMS Oyster Point 4, LLC, a Delaware limited liability company by entering into a Assignment and Assumption Agreement; and WHEREAS, Genentech Oyster Point, LLC, a Delaware limited liability company ("Genentech Oyster Point") is the successor by merger to HM[S Oyster Point 4, LLC, a Delaware limited liability company; and WHEREAS, now Genentech and Genentech Oyster Point wish to transfer its rights and interests in the Parcels to HCP Life Science REIT, Inc., or its affiliate; and WHEREAS, Section 5.3 of the OPA requires the Agency to provide its written approval of any transfer of rights. WHEREAS, the Governor has proposed and the State Legislature is considering legislation that would terminate redevelopment agencies. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that it hereby: 1. Authorizes the acceptance of assignment of rights and obligations of the Redevelopment Agency in the OPA to the City of South San Francisco in the event and at such time that the South San Francisco Redevelopment Agency is terminated during the term of the OPA. 2. Authorizes the City Manager to undertake such actions and to execute such instruments as maybe necessary or desirable in order to carry out 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 9th day of February 2011 by the following vote: AYES: Councilmembers Mark Addiego, Pedro Gonzalez, and Karyl Matsumoto, Vice Mayor Richard A. Garbarino NOES: None ABSTAIN: Mayor Kevin Mullin ABSENT: None ,~~ ATT1?~: ~ Cit ~~