HomeMy WebLinkAbout2004-03-24 e-packetAGENDA
REDEVELOPMENT AGENCY
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
MUNICIPAL SERVICE BUILDING
COMMUNITY ROOM
MARCH 24, 2004
7:00 P.M.
PEOPLE OF SOUTH SAN FRANCISCO
You are invited to offer your suggestions. In order that you may know our method of conducting Agency
business, we proceed as follows:
The regular meetings of the Redevelopment Agency are held on the second and fourth Wednesday of
each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South
San Francisco, California.
Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please
complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk.
Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment.
California law prevents Redevelopment Agency from taking action on any item not on the Agenda
(except in emergency circumstances). Your question or problem may be referred to staff for investigation
and/or action where appropriate or the matter may be placed on a future .Agenda for more comprehensive
action or a report. When your name is called, please come to the podium, state your name and address for
the Minutes. COMMENTS ARE GENERALLY LIMITED TO THREE (3) MINUTES PER SPEAKER.
Thank you for your cooperation.
The Clerk will read successively the items of business appearing on the Agenda. As she completes
reading an item, it will be ready for Board action.
RAYMOND L. GREEN
Vice Chair
RICHARD A. GARBARINO, SR.
Boardmember
RICHARD BATTAGLIA
Investment Officer
MICHAEL A. WILSON
Executive Director
KARYL MATSUMOTO
Chair
JOSEPH A. FERNEKES
Boardmember
PEDRO GONZALEZ
Boardmember
SYLVIA M. PAYNE
Clerk
STEVEN T. MATTAS
Counsel
PLEASE TURN OFF CELL PHONES AND PAGERS
HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS
CALL TO ORDER
ROLL CALL
AGENDA REVIEW
PUBLIC COMMENTS
CONSENT CALENDAR
1. Motion to approve the minutes of March 10, 2004
2. Motion to confirm expense claims of March 24, 2004
ADMINISTRATIVE BUSINESS
3. Resolution approving a revised purchase and sale agreement with Three Sisters Ranch
Enterprises, LLC, related to the property located at 480 North Canal Street
CLOSED SESSION
4. Pursuant to Government Code Section 54956.8 real property negotiations related to 480
North Canal Street, 820 Tennis Drive and SF-PUC property located on Mission Road
(APNs: 093-312-050/060); Agency Negotiator: Redevelopment Agency Assistant
Director Van Duyn
ADJOURNMENT
REGULAR REDEVELOPMENT AGENCY MEETING MARCH 24, 2004
AGENDA PAGE 2
Redevelopment Agency
Staff Report #'
DATE:
TO:
FROM:
SUBJECT:
March 24, 2004
Redevelopment Agency Board
Marty Van Duyn, Assistant Executive Director
RESOLUTION APPROVING A REVISED PURCHASE AND
SALE AGREEMENT BETWEEN THE SOUTH SAN
FRANCISCO REDEVELOPMENT AGENCY AND THREE
SISTERS RANCH ENTERPRISES, LLC RELATED TO THE
PROPERTY LOCATED AT 480 NO. CANAL STREET
RECOMMENDATION:
It is recommended that the Redevelopment Agency Board approve the attached
Resolution authorizing the Executive Director of the Agency to enter into a
Purchase and Sale Agreement for the acquisition of property and improvements
located at 480 North Canal Street in the amount of $5 million, and an amendment to
the 2003-2004 budget designating the use of Downtown/Central Bond funds to
complete the purchase.
BACKGROUND/DISCUSSION:
In November of 2003 the Redevelopment Agency Board approved a resolution
authorizing the Executive Director to enter into a Purchase and Sale Agreement for the
acquisition of this property for the then appraised amount of $3.65 million. The intent of
the purchase is to retain a location for the replacement of Central Fire Station.
Since November, the staff has been negotiating with the property owner and leasehold
interest in order to secure a deal on the site consistent with the appraised value. This
negotiation was complicated by a competing offer on the property from a development
interest that proposed a purchase price of $5 million.
The staff contracted for another appraisal of the property which included consideration of
the proposed $5 million contract offer and a re-assessment of values based on the current
market. The previous appraisal was conducted in December 2002. The new appraisal,
dated February 19, 2004, indicates an "as is" fee simple value of $3.65 million and a
leased fee interest value of $3.75 million.
Staff Report
Subject: Approve revised Purchase and Sale Agreement between South San Francisco
Redevelopment Agency and Three Sisters Ranch Enterprises, LLC related to
property at 480 No. Canal Street
Page 2
The staffhas contacted the owner (Three Sisters Ranch Enterprises, LLC) and they have
agreed to sell the property to the Redevelopment Agency for $5 million, which would
require them to get out of an existing contract provided the Agency could complete the
transaction by June 2004.
FISCAL IMPACT:
The Capital Improvement Plan has $2.9 million budgeted in the current year for
acquisition of this fire station. These funds and the additional $2.1 million necessary to
complete the sale are available from remaining Downtown/Central Redevelopment Bond
Funds.
CONCLUSION:
This property and the site improvements will provide the Fire Department with a facility
that adequately replaces the aging Central Fire Station located on Baden Avenue. In
addition, the new facility will be located on a much larger site with a facility capable of
providing additional space for training, administrative and other related department
services. This alternative exceeds other construction or purchase options in value and
utility, therefore the s taffr ecommends that the Board approve the attached Resolution
allowing the Executive Director to enter into a Purchase and Sale Agreement to acquire
the property at 480 North Canal Street for $5 million, and approving an amendment to the
budget for 2003-2004 to appropriate an additional $2.1 million from Downtown/Central
Bond funds to complete the purchase.
~ector
Michael A. Wilson
Executive Director
Attachments:
Resolution
Purchase and Sale Agreement
Assessor's Map
RESOLUTION NO.
REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO,
STATE OF CALIFORNIA
A RESOLUTION AUTHORIZING A PURCHASE AND SALE
AGREEMENT FOR THE ACQUISITION OF PROPERTY AND
IMPROVEMENTS LOCATED AT 480 NORTH CANAL STREET IN THE
AM()UNT OF $5 MILIJON AND AMENDIN(;, THE 2003-2004
REDEVELOPMENT AGENCY BUDGET (No. 04-17)
WH]EREAS, staff recommends that the Board authorizes a Purchase and Sale Agreement for
the acquisition of property and improvements located at 480 North Canal Street in the amount of $5
million; and
WI-[EREAS, the Capital Improvement Plan has $2.9 million budgeted in the current year for
acquisition of this fire station; and
WHEREAS, these funds and the additional $2.1 million necessary to complete the sale are
available from remaining Downtown/Central Redevelopment Bond F'unds.
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the City of
South San Francisco that the Redevelopment Agency hereby authorizes a Purchase and Sale
Agreement for the acquisition of property and improvements located at 480 North Canal Street in the
amount of $5 million and amends the 2003-2004 Redevelopment Agency budget (No. 04-17) to
appropriate an additional $2.1 million from Downtown/Central Bond funds to complete the
purchase. A copy of the Agreement is attached as Exhibit A.
BE IT, FURTHER RESOLVED that the Executive Director is hereby authorized to execute
the agreement on behalf of the Redevelopment Agency of the City of South San Francisco.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
Redevelopment Agency of the City of South San Francisco at a regular meeting held on the __
day of 2004 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
S:\Current Reso's\3-24PU RCHASE.SALE.AGR.480N.CANAL.doc
ATTEST:
Clerk
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into
effective as of ,2004 (the date upon which this Agreement was approved by
Buyer's Board, and hereinafter referred to as the "Effective Date'.') by and between Three Sisters
Ranch Enterprises LLC (hereinafter collectively referred to as "Seller") and the Redevelopment
Agency of the City of South San Francisco, a public body, corporate and politic ("Buyer").
Seller and Buyer are hereinafter referred to as the "Parties."
WHEREAS, Seller is the owner of that certain real property in San Mateo County,
California, APN No. 014-061-110, located at 480 N. Canal Street in the City of South San
Francisco and more particularly described in Exhibit A attached hereto and incorporated herein
by this reference (the "Land");
WHEREAS, in accordance with the terms and conditions contained herein, Buyer
desires to purchase, and Seller desires to sell, the Land together with all improvements located
thereon and all easements,, hereditaments, and appurtenances belonging to or inuring to the
benefit of Seller and pertaining to the Land (all of the foregoing collectively hereinafter, the
"Property");
WHEREAS, Buyer is a redevelopment agency existing pursuant to the Community
Redevelopment Law, California Health and Safety Code Section 33000, et seq., and pursuant to
the authority granted therein, Buyer has the responsibility to carry om: the Redevelopment Plan
for the Downtown Central Project Area ("Redevelopment Plan"); and
WHEREAS, the Property is located adjacent to an area governed by the Redevelopment
Plan, and the purchase of the Property as provided for in this Agreement is consistent with and
necessary to further the goals and objectives of the Redevelopment Plan. Specifically, the
property is planned for use as a fire station that will replace or supplement an existing fire station
within the redevelopment area and will serve properties within the redevelopment area.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Parties agree as follows.
1. Agreement to Sell and Purchase. Seller agrees to sell and Buyer agrees to purchase
the Property subject to the terms and conditions of this Agreement.
2. Purchase Price. The purchase price for the Property shall be Five Million United
States Dollars ($5,000,000) ("Purchase Price").
3. Conveyance of Title. At the close of escrow, Seller shall convey by grant deed to
Buyer marketable fee simple title to the Property, free and clear of all recorded and unrecorded
liens, encumbrances, assessments, leases and taxes except:
(a) the provisions and effect of the Redevelopment Plan;
670973-1
(b) taxes for the fiscal year in which the escrow for this transaction closes, which shall be
prorated as of the close of escrow and handled in accordance with Section 4986 of the California
Revenue and Taxation Code; and
(c) such other conditions, liens, encumbrances, restrictions and exceptions as may be
approved in writing by Buyer ("Permitted Exceptions").
4. Escrow: Escrow Instructions. Within five (5) business days following the Effective
Date, the Parties shall open an escrow to consummate the purchase and sale of the Property
pursuant to this Agreement at the office of First American Title Company located in Redwood
City, California ("Title Company" or "Escrow Agent") or such other title company as may be
mutually agreed upon by the Parties. Upon the opening of escrow, the Parties shall deposit with
the Escrow Agent an executed copy of this Agreement, which shall serve as the joint escrow
instructions of Buyer and Seller for this transaction, together with such additional instructions as
may be executed by the Parties and delivered to the Escrow Agent.
5. Earnest Money Devosit. Upon the opening of escrow and in no event later than
seven (7) business days after the Effective Date, Buyer shall deposit the sum of Five Thousand
Dollars ($5,000) ("Earnest Money Deposit") into escrow in an interest bearing account for the
benefit of Buyer. The Earnest Money Deposit, and all interest earned thereon, shall be applied to
the Purchase Price at the close of escrow. All amounts deposited by the Parties with the Escrow
Agent, including the Earnest Money Deposit, shall be held in escrow in an interest-bearing
account.
6. Title Documents. Within seven (7) days following the opening of escrow, Seller
shall deliver or cause to be delivered to Buyer a preliminary title report ("Preliminary Report")
on the Property issued by the Title Company, setting forth all liens, encumbrances, easements,
restrictions, conditions, pending litigation, judgments, administrative proceedings, and other
matters of record affecting Seller's title to the Property, together with copies of all documents
relating to exceptions listed in the Preliminary Report ("Title Exceptions") and complete and
legible copies of all instruments referred to therein, as requested by Buyer. Buyer shall approve
or disapprove each Title Exception within seven (7) days following Buyer's receipt of the
Preliminary Report. Buyer's failure to object within such period shall be deemed to be a
disapproval of the Title Exceptions.
If Buyer objects or is deemed to have disapproved any Title Exception, Seller shall use its
best efforts at Seller's sole expense to remove from title or otherwise satisfy each such exception
no later than fourteen (14) days prior to the close of escrow and in a form that is reasonably
satisfactory to Buyer. If Seller fails to remove or satisfy any Title Exception to the satisfaction
of Buyer, Buyer shall have the option, in its sole discretion, to terminate this Agreement or to
accept title subject to such exception. In the event Buyer elects to terminate this Agreement, the
Earnest Money Deposit, including interest thereon, and all other funds and documents deposited
into escrow by or on behalf of Buyer shall be returned to Buyer, and all rights and obligations
hereunder shall terminate.
It shall be a condition to the close of escrow that Title Company shall deliver to Buyer,
within five (5) days after Buyer has approved the Preliminary Report pursuant to this Section,
670973-1 2
and in no event later than seven (7) days prior to the close of escrow, a title commitment for an
ALTA Owner's Title Insurance Policy ("Title Policy") to be issued by Title Company in the
amount of the Purchase Price for the benefit and protection of Buyer, showing title to the
Property vested in Buyer, subject only to the Permitted Exceptions, including such endorsements
as may reasonably be requested by Buyer, and committing Title Company to issue the Title
Policy to Buyer upon the close of escrow.
7. Closing Documents and Funds.
(a) Seller.
(A) Within twenty-five (25) days following the opening of escrow, Seller shall
deposit into escrow all of the following:
(i) a Grant Deed, substantially in the form attached hereto as Exhibit B
("Grant Deed"), duly executed and acknowledged, conveying to Buyer good and
marketable fee simple title to the Property, subject only to exceptions approved
pursuant to this Agreement, together with a Certificate of Acceptance in the form
shown in Exhibit B, as required by California Government Code Section 27281;
(ii) Seller's affidavit of non-foreign .status and Seller's certification that
Seller is a resident of California, each executed by Seller under penalty of perjury
as required by state and federal law; and
(iii) Such additional duly executed instruments and documents as the
Escrow Agent may reasonably require to consummate the transaction
contemplated hereby.
(iv) A copy of the document reconveying the leasehold interest presently
held by Perrier Corporation and Black Mountain Corporation on the Property to
Seller and releasing any and all interest in the Property.
(B) Unless Seller elects to have the following charges deducted from the funds
to be distributed to Seller at close of escrow, no later than one (1) business day prior to
close of escrow, Seller shall deposit into escrow immediately available funds in the
amount necessary to pay:
(i) all governmental conveyance fees and transfer taxes;
(ii) one-half (1/2) of all title insurance and title report costs; and
(iii) one-half of all escrow fees and recording fees.
670973-1 3
(b) Buyer.
(A) Within twenty-five (25) days following the opening of escrow, Buyer shall
deposit into escrow all of the following:
(i) a duly executed and acknowledged Certificate of Acceptance
substantially in the form attached to Exhibit B; and
(ii) such additional duly executed instruments and documents as the
Escrow Agent may reasonably require to consummate the transaction
contemplated hereby.
(B) No less than one (1) business day prior to the close of escrow, Buyer shall
deposit into escrow immediately available funds in the amount, which together with the
Earnest Money Deposit plus interest thereon, if any, is equal to:
and
(i) the Purchase Price as adjusted by any prorations between the Parties;
(ii) one-half (1/2) of all title insurance and title report costs, escrow fees,
and recording fees.
8. Close of Escrow. Unless this Agreement is terminated pursuant to the terms hereof or
extended by mutual written consent of the Parties, escrow shall close no later than the date which
is forty-five (45) days after escrow is opened. The Escrow Agent shall close escrow by: (i)
causing the Grant Deed to be recorded in the official records of AN County, California; (ii)
issuing the Title Policy and delivering same to Buyer; (iii) delivering to Seller the monies
constituting the Purchase Price less prorated amounts and charges to be paid by or on behalf of
Seller; and (iv) delivering to Buyer the original Grant Deed, together with a conformed copy
thereof indicating recording information thereon. Possession of the Property shall be delivered
to Buyer at the close of escrow.
9. Closing Costs. Each Party shall pay one-half (1/2) of all title insurance and title report
costs, escrow fees (including the costs of preparing documents and instruments), and recording
fees. Seller shall pay all governmental conveyance fees and all transfer taxes.
10. Prorations. At the close of escrow, the Escrow Agent shall make the following
prorations: (i) property taxes shall be prorated as of the close of escrow based upon the most
recent tax bill available, including any property taxes which may be assessed after the close of
escrow but which pertain to the period prior to the transfer of title to the Property to Buyer,
regardless of when or to whom notice thereof is delivered; and (ii) any bond or assessment that
constitutes a lien on the Property at the close of escrow shall be assumed by Buyer.
11. Buyer's Conditions to Closing. The close of escrow and Buyer's obligation to
purchase the Property are conditioned upon: (i) the performance by Seller of each obligation to
be performed by Seller under this Agreement within the applicable time period, or the waiver by
670973-1 4
Buyer of such obligation; (ii) Seller's representations and warranties contained in this Agreement
being true and correct as of the Effective Date and the close of escrow; (iii) the commitment by
Title Company to issue and deliver the Title Policy, subject only to the Permitted Exceptions;
and (iv) Buyer's approval of the condition of the Property pursuant to Section 12.
Should any condition to closing fail to occur, excepting any such conditions that have
been waived by Buyer, Buyer shall have the right, exercisable by giving written notice to Seller,
to cancel the escrow, terminate this Agreement, and recover any and all amounts paid by Buyer
to Seller or deposited with the Escrow Agent by or on behalf of Buyer, including the Earnest
Money Deposit and interest thereon. The exercise of this right by Buyer shall not constitute a
waiver bY Buyer of any other rights Buyer may have at law or in equity.
12. Buyer's Additional Conditions to Closing. Buyer's obligation to purchase the
Property is also conditioned upon Buyer's review and approval of the condition of the Property
pursuant to this Section.
(a)
Feasibility Studies. During the period commencing on the Effective Date and ending
on the Forty-Fifth (45th) day after the opening of escrow ("Due Diligence Period")
Buyer may, at Buyer's expense, undertake an inspection and review of the Property,
including without limitation (i) a review of the physical condition of the Property,
including but not limited to, inspection and examination of soils, environmental
factors, Hazardous Materials (as defined in Exhibit C attached hereto), and
archeological information relating to the Property; (ii) a review and investigation of
the effect of any zoning, maps, permits, reports, engineering data, regulations,
ordinances, and laws affecting the Property, and (iii) an evaluation of the Property to
determine its feasibility for Buyer's intended use. Buyer may consult with or retain
civil engineers, contractors, soils and geologic engineers, architects and other
specialists in its investigation, and may consult with or retain other consultants to
determine if the Property is suitable for Buyer's intended use.
If Buyer's environmental consultants require additional time to determine the
existence and extent of any Hazardous Substances on the Property, Buyer shall have
the right, exercisable by delivering written notice to Seller prior to the expiration of
the Due Diligence Period, to extend the Due Diligence Period for up to fifteen (15)
additional days to complete the testing.
(b)
Other matters. During the Due Diligence Period, Buyer may inspect, examine,
survey and review any other matters concerning the Property, including without
limitation, any and all studies or reports provided by Seller, all contracts, leases,
rental agreements and other obligations relating to the Property, and the Property's
conformity with all applicable laws and regulations. During the Due Diligence
Period, Buyer shall have the fight to perform due diligence regarding the
investigation, assessment, and monitoring of the environmental condition of the
Property, and upon completion of the Due Diligence Period, unless Buyer elects to
terminate this Agreement pursuant to the terms hereof, Buyer will purchase the
670973-1 5
Property in its "AS IS" condition as such condition exists at the end of the Due
Diligence Period.
(c)
Disaooroval of Prooertv Condition. Should Buyer fail to approve the condition of
the Property or its feasibility for Buyer's intended use in writing within five (5) days
following the end of the Due Diligence Period, Buyer shall have the right, exemisable
by giving written notice to Seller, to cancel the escrow, terminate this Agreement, and
recover any and all amounts paid by Buyer to Seller or deposited with the Escrow
Agent by or on behalf of Buyer, including the Earnest Money Deposit and interest
thereon. The exercise of this fight by Buyer shall not constitute a waiver by Buyer of
any other rights Buyer may have at law or in equity.
(d)
Condition of Prooertv. Buyer has the right to enter and inspect the property to
ensure that it is free of debris before transfer of title. Additionally, Seller shall ensure
that all electronic gates are in working order and that all remote transponders for the
facility are transferred to Seller at transfer of title.
13. Studies, Reoorts and Investigations. Seller agrees to make available to Buyer
within five (5) business days following the Effective Date, any and all information, studies,
reports, investigations, contracts, leases, rental agreements and other obligations concerning or
relating to the Property which are in Seller's possession or which are reasonably available to
Seller, including without limitation surveys, studies, reports and investigations concerning the
Property's physical, environmental or geological condition, habitability, or the presence or
absence of Hazardous Materials in, on or under the Property and the compliance by the Property
with Environmental Laws (as defined in Exhibit C).
14. Right of Entry. During the Due Diligence Period, Buyer and Buyer's agents shall have
the right, upon reasonable notice to Seller, to enter upon the Property for the purpose of
inspecting, examining, surveying and reviewing the Property in accordance with Section 12.
Buyer's inspection, examination, survey and review of the Property shall be at Buyer's sole
expense. Buyer shall obtain Seller's advance consent in writing to any proposed physical testing
of the Property by Buyer or Buyer's agents, which consent shall not be unreasonably
conditioned, withheld or delayed. Buyer shall repair, restore and return the Property to its
original condition after such physical testing, at Buyer's sole expense. Buyer shall schedule any
such physical tests during normal business hours unless otherwise approved by Seller. Buyer
agrees to indemnify Seller and hold Seller harmless from and against all liability, loss, cost,
damage and expense (including, without limitation, reasonable attorney's fees and costs of
litigation) resulting from Buyer's or Buyer's agents entry upon the Property, except to the extent
that such liability, loss, cost, damage and expense arises as a result of the negligence or other
wrongful conduct of Seller or its agents.
15. Seller's Conditions to Closing. The close of escrow and Seller's obligation to sell the
Property pursuant to this Agreement are conditioned upon: (i) the performance by Buyer of each
obligation to be performed by Buyer under this Agreement within the applicable time period, or
waiver by Seller of such obligation; and (ii) Buyer's representations and warranties contained in
this Agreement being true and correct as of the Effective Date and the: close of escrow.
670973-1
16. Seller's Reoresentations and Warranties. Seller hereby represents and warrants that
except as disclosed in writing to Buyer, as of the Effective Date and as of the close of escrow:
(i) the Property is free and has always been free of Hazardous Materials and is not and has never
been in violation of any Environmental Law; (ii) there are no buried or partially buried storage
tanks located on the Property; (iii) Seller has received no notice, warning, notice of violation,
administrative complaint, judicial complaint, or other formal or informal notice alleging that
conditions on the Property are or have ever been in violation of any Environmental Law or
informing Seller that the Property is subject to investigation or inquiry regarding Hazardous
Materials on the Property or the potential violation of any Environmental Law; (iv) there is no
monitoring program required by the Environmental Protection Agency or any other
governmental agency concerning the Property; (v) no toxic or hazardous chemicals, waste, or
substances of any kind have ever been spilled, disposed of, or stored on, under or at the Property,
whether by accident, burying, drainage, or storage in containers, tanks, holding areas, or any
other means; (vi) the Property has never been used as a dump or landfill; (vii) Seller has
disclosed to Buyer all information, records, and studies in Seller's possession or reasonably
available to Seller relating to the Property concerning Hazardous Materials; (viii) Seller has not
received any notice from any governmental authority of any threatened or pending zoning,
building, fire, or health code violation or violation of other governmental regulations concerning
the Property that have not previously been corrected, and no condition on the Property violates
any health, safety, fire, environmental, sewage, building, or other federal, state or local law,
ordinance or regulation; (ix) no contracts, licenses, leases or commitments regarding the
maintenance or use of the Property or allowing any third party rights to use the Property are in
force; (x) there are no threatened or pending actions, suits, or administrative proceedings against
or affecting the Property or any portion thereof or the interest of Seller in the Property; (xi) there
are no threatened or pending condemnation, eminent domain, or similar proceedings affecting
the Property or any portion thereof; (xii) Seller has not received any notice from any insurer of
defects of the Property which have not been corrected; (xiii) there are no natural or artificial
conditions upon the Property or any part thereof that could result in a :material and adverse
change in the condition of the Property; (xiv) all information that Seller has delivered to Buyer,
either directly or through Seller's agents, is accurate and complete; and (xv) Seller has disclosed
all material facts concerning the Property.
Seller further represents and warrants that this Agreement and all other documents delivered or
to be delivered in connection herewith prior to or at the close of escrow: (a) have been duly
authorized, executed, and delivered by Seller; (b) are binding obligations of Seller; (c) are
collectively sufficient to transfer all of Seller's right, title and interest in and to the Property; and
(d) do not violate the provisions of any agreement to which Seller is a party or which affects the
Property. Seller further represents and warrants that the persons who have executed this
Agreement on behalf of Seller are authorized to do, that Seller has the legal right to enter into
this Agreement and to perform all of its terms and conditions, and that this Agreement is
enforceable against Seller in accordance with its terms.
Seller shall notify Buyer of any facts that would cause any of the representations contained in
this Agreement to be untrue as of the close of escrow. If Buyer reasonably believes that a fact
materially and adversely affects the Property, Buyer shall have the option to terminate this
670973-1 7
Agreement by delivering written notice thereof to Seller. In the event Buyer elects to terminate
this Agreement, the Earnest Money Deposit, including interest thereon, and all other funds and
documents deposited into escrow by or on behalf of Buyer shall be returned to Buyer, and all
rights and obligations hereunder shall terminate.
Seller shall indemnify, defend and hold harmless Buyer from all loss, cost, liability, expense,
damage or other injury, including without limitation, attorneys' fees and all other costs and
expenses incurred by reason of, or in any manner resulting from the breach of any representation
or warranty contained in this Section.
17. Seller's Covenants. Seller covenants that from the Effective Date and through the
close of escrow, Seller: (i) shall not permit any liens, encumbrances, or easements to be placed
on the Property, other than Permitted Exceptions; (ii) shall not enter into any agreement
regarding the sale, rental, management, repair, improvement, or any other matter affecting the
Property that would be binding on Buyer or the Property after the close of escrow without the
prior written consent of Buyer; (iii) shall not permit any act of waste or act that would tend to
diminish the value of the Property for any reason, except that caused by ordinary wear and tear;
and (iv) shall maintain the Property in its condition as of the Effective Date, ordinary wear and
tear excepted, and shall manage the Property substantially in accordance with Seller's established
practices.
18. Buver's Representations, Warranties and Covenants. Buyer represents, warrants
and covenants that this Agreement and all other documents delivered in connection herewith,
prior to or at the close of escrow: (i) have been duty authorized, executed, and delivered by
Buyer; (ii) are binding obligations of Buyer; and (iii) do not violate the provisions of any
agreement to which Buyer is a party. Buyer further represents and warrants that the persons who
have executed this Agreement on behalf of Buyer have are duly authorized to do, that Buyer has
the legal right to enter into this Agreement and to perform all of its terms and conditions, and
that Agreement is enforceable against Buyer in accordance with its terms.
19. Environmental Indemnity. Seller agrees to unconditionally and fully indemnify,
reimburse, defend, protect and hold harmless Buyer and the City of South San Francisco,
California from and against any and all claims, demands, damages, losses, liabilities, fines,
orders, judgments, actions, injunctive or other relief (whether or not based on personal injury,
property damage, contamination of, or adverse effects upon, the environment or natural
resources), costs, economic or other loss, expenses (including without limitation attorneys' fees
and any expenses associated with the investigation, assessment, monitoring, response, removal,
treatment, abatement and/or remediation of Hazardous Materials in, on or under the Property),
and/or administrative, enforcement or judicial proceedings, whether known or unknown, and
which are directly or indirectly, in whole or in part, caused by, arise out of, or relate to the
presence, release or discharge or alleged presence, release or discharge of any Hazardous
Materials in, on or under the Property or a violation or alleged violation of an Environmental
Law.
20. Damage and Destruction. In the event of any damage or other loss to the Property,
or any portion thereof, caused by fire or other casualty prior to the close of escrow in an amoUnt
670973-1 8
not exceeding $500,000, Buyer shall not be entitled to terminate this Agreement, but shall be
obligated to close the escrow and purchase the Property as provided in this Agreement, without
abatement in the Purchase Price, provided that Seller shall: (i) assign and transfer to Buyer all of
Seller's fights under any insurance policy covering the damage or loss, and all claims for monies
payable from Seller's insurer(s) in connection with the damage or loss, and (ii) pay to Buyer at
the close of escrow the amount of Seller's deductible under the insurance policy or policies
coveting the damage or loss. In the event of damage or destruction of the Property or any
portion thereof prior to the close of escrow in an amount in excess of $500,000, Buyer may elect
either to terminate this Agreement upon written notice to Seller, or to .consummate the purchase
of the Property, in which case Seller shall (i) assign and transfer to Buyer all of Seller's tights
under any insurance policy covering the damage or loss, and all claims for monies payable from
Seller's insurer(s) in connection with the damage or loss, and (ii) pay to Buyer at the close of
escrow the amount of Seller's deductible under the insurance policy or policies covering the
damage or loss. In the event Buyer elects to terminate this Agreement, the Earnest Money
Deposit, including interest thereon, and all other funds and documents deposited into escrow by
or on behalf of Buyer shall be returned to Buyer, and all rights and obligations hereunder shall
terminate.
21. Assignment. Buyer shall have the tight to assign all tights and obligations under this
Agreement to any party, and no approval by Seller of any such assignment shall be necessary.
23. Notices. Except as otherwise specified in this Agreement, all notices to be sent
pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written notice
delivered to the other parties in accordance with this Section. All such notices shall be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall
be deemed delivered on receipt if delivery is confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to
the sender's account, in which case notice is effective on delivery if delivery is confirmed
by the delivery service;
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-
class or certified mail or by overnight delivery, or (b) a transmission report is generated
reflecting the accurate transmission thereof. Any notice given by facsimile shall be
considered to have been received on the next business day if it is received after 5:00 p.m.
recipient's time or on a nonbusiness day.
Buyer:
South San Francisco Redevelopment Agency
400 Grand Avenue
South San Francisco, CA 94080
670973-1 9
Attn: Executive Director
Telephone: 6'50 877-8500
Facsimile: 650 829-6609
with a copy to:
South San Francisco Redevelopment Agency Counsel
C/O Meyers, Nave, Riback, Silver & Wilson
555 12th Street, Suite 1500
Oakland, CA 94607
Attn: Agency Counsel
Seller:
Three Sisters Ranch LLC
c/o Martin Ruberry
P.O. Box 1444
San Carlos, CA 94070
23. Miscellaneous Provisions
Litigation Costs. If any legal action or any other proceeding, including arbitration or action for
declaratory relief, is brought for the enforcement of this Agreement or because of an alleged
breach or default in connection with this Agreement, the prevailing Party shall be entitled to
recover reasonable attorneys' fees and other costs, in addition to any other relief to which such
Party may be entitled.
Waivers; Modification. No waiver of any breach of any covenant or provision of this
Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver
shall be valid unless in writing and executed by the waiving party. An extension of time for
performance of any obligation or act shall not be deemed an extension of the time for
performance of any other obligation or act, and no extension shall be valid unless in writing and
executed by the waiving party. This Agreement may be amended or modified only by a written
instrument executed by the Parties.
Successors. This Agreement shall bind and inure to the benefit of the respective heirs, personal
representatives, successors and assignees of the Parties..
Provisions Not Merged With Deeds. None of the provisions, terms,., representations, warranties
and covenants of this Agreement are intended to or shall be merged by the Grant Deed, and
neither the Grant Deed nor any other document shall affect or impair the provisions, terms,
representations, warranties and covenants contained herein. Without limiting the generality of
the foregoing, Seller's representations, warranties and covenants contained herein shall survive
the close of escrow.
Construction. The section headings used herein are solely for convenience and shall not be
used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of
670973-1 '10
negotiation and compromise on the part of both Parties, and the Parties agree, that since both
Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall
not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a
whole, as if both Parties had prepared it.
Action or Annroval. Where action and/or approval by Buyer is required under this Agreement,
Buyer's Executive Director may act on and/or approve such matter unless the Executive Director
determines in his or her discretion that such action or approval requires referral to Buyer's Board
for consideration. The time periods afforded Buyer for any event, inspection, feasibility, due
diligence, escrow closing or otherwise shall not be extended by any such referral to Buyer's
Board.
Entire Aereement. This Agreement, including Exhibits A to E attached hereto and incorporated
herein by this reference, contains the entire agreement between the Parties with respect to the
subject matter hereof, and supersedes all prior written or oral agreements, understandings,
representations or statements between the Parties with respect to the subject matter thereto.
Counterparts. This Agreement may be executed in one or more counterparts, each of which
shall be an original and all of which taken together shall constitute one and the same instrument.
Severabilitv. If any term, provision, or condition of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall
continue in full force and effect unless the rights and obligations of the Parties have been
materially altered or abridged thereby.
No Third Party Beneficiaries. Nothing in this Agreement is intended to or shall confer upon
any person, other than the Parties and their respective successors and assigns, any rights or
remedies hereunder.
Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall establish the
Parties as partners, co-venturers, or principal and agent with one another.
Non-Liability of Officials, Employees and A~ents. No member, official, employee or agent of
Buyer shall be personally liable to Seller or its successors in interest in the event of any default
or breach by Buyer or for any amount which may become due to Seller or its successors in
interest pursuant to this Agreement.
Time of the Essence. Time is of the essence for each condition, term, obligation and provision
of this Agreement.
Governin~ Law. This Agreement shall be governed bY and construed in accordance with the
laws of the State of California without regard to principles of conflicts of laws.
Time for Performanee. When the time for performance of any obligation under this Agreement
is to be measured from another event, such time period shall include the day of the other event. If
670973-1
the day of the time for performance is not a regular business day, then the time for such
performance shall be by the regular business day following such day.
670973-1
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
BUYER:
ATTEST:
By:
By:
APPROVED AS TO FORM:
By:
SELLER:
67o973-1
Exhibit "A"
Legal Description
1.932 AC MOL ON ELY COR OF SPRUCE AVE & NORTH CANAL ST
ACREAGE CITY OF SOUTH SAN FRANCISCO
14
EXHIBIT B
FORM OF GRANT DEED
RECORDING REQUESTED BY
AND WHEN RECORDED
MAIL TO:
REDEVELOPMENT AGENCY OF THE
CITY OF SOUTH SAN FRANCISCO
c/o Michael A. Wilson, City Manager
400 Grand Avenue
South San Francisco, CA 94083
EXEMPT FROM RECORDING FEES PER )
GOVERNMENT CODE §§6103, 27383 )
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER' S USE)
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged, Three Sisters
Ranch Enterprises, LLC hereby grants to the Redevelopment Agency of the City of South San
Francisco, a public agency ("Grantee") all that real property located in the City of South San
Francisco, County of San Mateo, State of California described in Exhibit A attached hereto and
incorporated herein.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of
, 20 .
GRANTOR
By:
Three Sisters Ranch Enterprises, LLC
By:
Its:
APPROVED AS TO FORM:
670973-1
(Attach legal description.)
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant Deed dated
,20__, from to the Redevelopment Agency of the City of
South San Francisco, a public agency, is hereby accepted on behalf of the Agency by its Executive
Director pursuant to authority conferred by Resolution No. , adopted by the City on
,20__, and that the Agency consents to recordation of the Grant Deed by its duly
authorized officer.
Dated ,20
By:
Print Name:
ATTEST:
By:
Clerk
APPROVED AS TO FORM:
By:
City Attorney
670973-1
EXHIBIT C
DEFINITION OF "ENVIRONMENTAL LAWS" AND "HAZARDOUS MATERIALS"
"Environmental Laws" means all federal, state, local, or municipal laws, rules, orders,
regulations, statutes, ordinances, codes, decrees, or requirements of any government authority
regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Material
(as defined subsequently in this Exhibit), or pertaining to occupational health or industrial hygiene (and
only to the extent that the occupational health or industrial hygiene laws, ordinances, or regulations
relate to Hazardous Substances on, under, or about the Property), occupational or environmental
conditions on, under, or about the Property, as now in effect, including without limitation, the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and the
Superfund Amendments and Reauthorization Act of 1986 (SARA) [42 USCA §§ 9601 et seq,]; the
Resource Conservation and Recovery Act of 1976 (RCRA) and the Solid Waste Disposal Act [42 USCA
§§ 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA)
[33 USCA §§ 1251 et seq.]; the Toxic Substances Control Act (TSCA) [115 USCA §§ 2601 et seq.]; the
Hazardous Materials Transportation Act (HMTA) [49 USCA §§ 1801 et seq.]; the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) [7 USCA §§ 136 et seq.]; the Clean Air Act (CAA) [42 USCA
§§ 7401 et seq.]; the Safe Drinking Water Act (SDWA) [42 USCA §§ 300fet seq.]; the Surface Mining
Control and Reclamation Act of 1977 (SMCRA) [30 USCA 8§ 1201 et seq.]; the Emergency Planning
and Community Right-to-Know Act of 1986 (EPCRA or EPCRTKA) [42 USCA §§ 11001 et seq.]; the
Occupational Safety and Health Act of 1970 (OSHA) [29 USCA §§ 655,657]; the California laws
regarding the underground storage of hazardous substances [H & S C §8 25280 et seq.]; the Hazardous
Substance Account Act [H & S C 88 25300 et seq.]; the California laws regarding hazardous waste
control [H & S C §§ 25100 et seq.]; the Safe Drinking Water and Toxic Enforcement Act of 1986 [H &
S C §8 25249.5 et seq.]; the Porter-Cologne Water Quality Control Act [Wat C §§ 13000 et seq.], and
any amendments of or regulations promulgated under the statutes cited above and any other federal,
state, or local law, statute, ordinance or regulation now in effect that pertains to occupational health or
industrial hygiene, and only to the extent that the occupational health or industrial hygiene laws,
ordinances, or regulations relate to Hazardous Substances on, under, or about the Property, or the
regulation or protection of the environment, including ambient air, soil, soil vapor, groundwater, surface
water, or land use.
"Hazardous Materials" includes without limitation:
(a) Those substances included within the definitions of hazardous substance,hazardous waste,hazardous
material, toxic substance, solid waste, or pollutant or contaminant in CERCLA, RCRA, TSCA, HMTA,
or under any other Environmental Law;
(b) Those substances listed in the United States Department of Transportation (DOT) Table [49 CFR
§ 172.101 ], or by the Environmental Protection Agency (EPA), or any successor agency, as hazardous
substances [40 CFR Part 302];
(c) Other substances, materials, and wastes that are or become regulated or classified as hazardous or
toxic under federal, state, or local laws or regulations; and
(d) Any material, waste, or substance that is:
(i) a petroleum or refined petroleum product,
(ii) asbestos,
(iii) polychlorinated biphenyl,
(iv) designated as a hazardous substance pursuant to 33 USCA
USCA 1317,
(v) a flammable explosive, or
(vi) a radioactive material.
1321 or listed pursuant to 33
ZZI7~V.Z.9
AGENDA
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
REGULAR MEETING
MUNICIPAL SERVICE BUILDING
COMMUNITY ROOM
MARCH 24, 2004
7:30 P.M.
PEOPLE OF SOUTH SAN FRANCISCO
You are invited to offer your suggestions. In order that you may know our method of conducting
Council business, we proceed as follows:
The regular meetings of the City Council are held on the second and fourth Wednesday of each month at
7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San
Francisco, California.
Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item,
please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the
City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public
comment. California law prevents the City Council from taking action on any item not on the Agenda
(except in emergency circumstances). Your question or problem may be referred to staff for
investigation and/or action where appropriate or the matter may be placed on a future Agenda for more
comprehensive action or a report. When your name is called, please come to the podium, state your
name and address (optional) for the Minutes. COMMENTS ARE GENERALLY LIMITED TO THREE
(3) MINUTES PER SPEAKER. Thank you for,your cooperation.
The City Clerk will read successively the items of business appearing on the Agenda. As she completes
reading an item, it will be ready for Council action.
KARYL MATSUMOTO
Mayor
RAYMOND L. GREEN
Vice Mayor
JOSEPH A. FERNEKES
Councilman
RICHARD A GARBARINO, SR.
Councilman
PEDRO GONZALEZ
Councilman
RICHARD BATTAGLIA
City Treasurer
SYLVIA M. PAYNE
City Clerk
MICHAEL A. WILSON
City Manager
STEVEN T. MATTAS
City Attorney
PLEASE TURN OFF CELL PHONES AND PAGERS
HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
· Senshu International City Marathon - Paramedic/Firefighter John Grimaldi
· National Parks and Recreation Association Individual Citation Award - Parks & Recreation
Commissioner Judy Bush
· Proclamation: American Red Cross Month, March 2004 - recipient: Ms. Lynn Henley
· Safety Tips - Police Chief Mark Raffaelli
· Public Safety Awards
AGENDA REVIEW
PUBLIC COMMENTS
ITEMS FROM COUNCIL
· Announcements
· Committee Reports
CONSENT CALENDAR
1. Motion to approve the minutes of March 10, 2004
2. Motion to confirm expense claims of March 24, 2004
Motion to accept petitions to annex properties 178-214 Airport Boulevard into Parking
District No. 1, and forward petitions to Parking Place Commission for review and
determination (APNs: 012-338-010/020/030/040/050 and 012-338-060/070)
4. Motion to adopt ordinances:
a) amending certain time limitations with respect to the effectiveness of plan activities
and the repayment of debt in the Gateway, Shearwater, Downtown and E1 Camino
Redevelopment Plans
b) amending the limitation for incurrence of debt in the Gateway Redevelopment Plan
c) amending the limitation for incurrence of debt in the Shearwater Redevelopment
Plan
o
Acknowledgement of Proclamation Issued: Skyline College President's Breakfast,
3/12/04
COUNCIL COMMUNITY FORUM
ADJOURNMENT
REGULAR CITY COUNCIL MEETING MARCH 24, 2004
AGENDA PAGE 2
Report
AGENDA ITEM #3
DATE:
TO:
FROM:
SUBJECT:
March 24, 2004
Honorable Mayor and City Council
Marty Van Duyn, Assistant City Manager
PETITIONS TO ANNEX INTO PARKING DISTRICT #1 - BORBA
PROPERTIES AND CITY OF SOUTH SAN FRANCISCO, 178-214 AIRPORT
BOULEVARD
RECOMMENDATION:
It is recommended that the City Council, by motion, accept the petitions filed for annexation
into Parking District #1 and forward the petitions for action by the Parking Place
Commission.
BACKGROUND/DISCUSSION:
Last December the City Council authorized the purchase of 0.5-acre iparcel along the westerly side
of Airport Boulevard, at the terminus of Baden Avenue (APN #012-338-060/070) with the intention
of developing the site in the near term for a parking lot. The lot is being purchased with Parking
District funds which require that the property be annexed to the District. In addition, a petition has
been submitted by the Borbas, owners of the adjacent parcels along Airport, to annex their
properties into the District since there is to be a public parking lot on the City site. Both of these
sites are contiguous to the existing District boundaries.
The necessary steps for expanding the Parking District are as follow::
1. Owner files a petition with the City Council.
2. Council accepts the petition and recommends an annexation fee (if any) to be paid by the
property owner seeking inclusion.
3. City Council forwards petition and fee (if required) to Parking Place Commission for
Commission's review and determination.
4. Parking Place Commission approves or denies the petition, and approves or denies City
Council's recommendation regarding any annexation fee.
Staff Report
To: Honorable Mayor and City Council
RE: Parking District Annexation Petitions
Date: March 24, 2004
Page 2
5. After approval by the Commission, the City Council may grant the petition.
6. Property is then added to the District when the annexation fee, if any, is paid.
CONCLUSION:
Staff recommends that the City Council accept the petitions and refer the matter to the Parking
Place Commission for further action. Staff is not recommending an armexation fee at this time.
Marty Van Duyn, Assent City Manager
Approved:,,ff~,~,~-
lviicnael A. Wilson
City Manager
MAW:MVD:sk
ATTACHMENTS:
Downtown Parking District Map w/potential expansion
Petitions
Letter from Elsie, William & Marisa Borba
pJeAelno8
enue^v sseJd~0
~JodJ!v
PETITION TO INCLUDE PROPERTY
IN SOUTH SAN FRANCISCO PARKING DISTRICT NO. 1
The undersigned does/do hereby petition the City of South San Francisco to include the
real property located at /~ ~-' "- /~c9 ,~'~-fl-)--:,:~:-,-? r, · · ,
~'//~:.-,/~. South San Francisco, State of
California, in the Parking District Number 1 operated by the City of South San Francisco.
WHEREAS, the City of South San Francisco operates Parking District Number 1 within
the boundaries of the City; and
WHEREAS, Owner(s) is/are the owner(s) of real property located at
/ 7,? - 7%~' //~ ~-~_e-~-~,--'--~,/t~ ., South San Francisco, State of California, identified on the
assessor's map of the County of San Mateo as parcel number O/~ -.,~ :"; Z - ~l.d~ fO 7P /
WHEREAS, the Owner(s) desire/desires to include the property in the Parking District
Number 1; and
WHEREAS, Owner(s) has/have authorized filing this Petition; and,
WHEREAS, Streets and Highways Code section 35708 requires the owner(s) of real
property to petition the local governing body to include the property in the parking district;
NOW; THEREFORE BE IT RESOLVED, that Owner(s) hereby' petitions the City of
South San Francisco to include the property located at ,' ,,,, - . ,: ~, ~-~---~ ::', ~.~:' ~
in Parking District Number 1.
ReSpectfully submitted by:
Owner(s) ,a
Owner(s)
Dated:
Dated:
Owner(s) .. '
~"rT'r'rr",~ TO ...D.'~'CLUDE ?R.OPEiRTY
SOUTH SAN FP, LANCISCO P&P.~N,~.DiS {i%{..2~ :,,,~:.. ~
undersigned does/do hereby petition the City of South 8an Francisco to include the
i?roper~V located at_.N~ .... ~'-~ ~ -'~ ¢- '~ x 0 ~ ~t ~, Souih~ F,~cisco,~m~f
California, in thc Parking District Number 1 operated by the City of South San Francisco,
WHEREAS, the City of South San Francisco operates parking District Number 1 within
the bomadaries of the City.; and
~v'H]EREA8, Owner(s)is/a~c th~c.~ .o .~wn~er(s)of real prope,V located at
.~X_c~k..(, x~,~..~"o-.\~ ~,,.~q~-~, South San Francisco, State of California,.. identified on the
~sesse. r's map of the County of San Marco as parj:el number 0 ,,;~>. :5 "~ - 0 b"-' O/
WHER_EAS, the Owner(s) desire/desires to include the property in the Parking Dis~ct
Number 1; and
WHEREAS, Owner(s) has/have authofi2ed filing this P~tion; md,
WHEREAS, Streets and Highways Code section 35708 r~quire$ the o'amer(s) of real
property, to petition the local go,~eming body to include the property in the parking district;
NOW; THEREFORE BE IT RESOLVED, that Owner(s) hereby petitions the City of
South San Francisco to include the property located at %ox ~o w',~-,xq,.,.~ ~-~,~ ~r~ x(~,~_o~,.T.
in Parking District Number l.
Respectfully subrrdtted by:
Owner(s)
Owner(s)
Dated:
Dated:
Dated:
ELSIE BORBA
WILLIAM A. BORBA, JR
MARISA BORBA
1400 PILARCITOS AVENUE
HALF MOON BAY, CA 94019
650 726-1366
TO:
SOUTH SAN FRANCISCO CITY COUNCIL
400 GRAND AVENUE
SOUTH SAN FRANCISCO, CA 94080
ATTENTION: MAYOR AND CITY COUNCIL MEMBERS
REGARDING:
BORBA PROPERTIES ON AIRPORT BLVD
REQUESTING INCLUSION INTO SOUTH
SAN FRANCISCO PARKING DISTRICT
Dear Council Members:
We, the undersigned, as owners of the five parcels known 196,200, 206,210, and 214
Airport Blvd, request these propo'ties be included the Parking District #I in the City of
South San Francisco.
The reason for this request is that we are in the process of leasing two buildings located at
200 and 206 Airport Blvd. to a new.tenant. According to current parking regulations it is
our understanding that the above properties do not have the proper amount of parking
spaces to conform to code. It is also our understanding that by being included in the
Parking District our tenants will be allowed to purchase the additional necessary parking
permits on a monthly basis.
Your prompt attention to the matter would be greatly appreciated.
ELSIE BORBA , ~'~
W LLt V A. BOP, B^,
mSA BO A
StaffReport
AGENDA ITEM 4a
DATE:
TO:
FROM:
SUBJECT:
March 24, 2004
The Honorable Mayor and City Council
Steven T. Mattas, City Attorney
An Ordinance amending certain time limitations with respect to the effectiveness of
plan activities and the repayment of debt in the Gateway, Shearwater, Downtown and
E1 Camino Redevelopment Plans
RECOMMENDATION:
Adopt an ordinance amending certain time limitations with respect to the effectiveness of plan
activities and the repayment of debt in the Gateway, Shearwater, Downtown and E1 Camino
Redevelopment Plans
BACKGROUND/DISCUSSION:
Council has previously waived reading and introduced the following ordinance. The Ordinance is now
ready for adoption.
AN ORDINANCE AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE
EFFECTIVENESS OF PLAN ACTIVITIES AND THE REPAYMENT OF DEBT IN THE
GATEWAY, SHEARWATER, DOWNTOWN AND EL CAMINO REDEVELOPMENT
PLANS
(Introduced 03/10/04 - Vote 5 - 0)
Stev,05 T. Mattas, City Attorney
Michael A. Wilso~5, City Manager
Enclosure: Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO
REDEVEI,OPMENT AGENCY AMENDING CERTAIN TIME
IAMITATI()NS \¥ITH RESPECT TO THE EFFECTIVENESS OF
PLAN ACTIVITIES AND THE REPAYMENT OF DEBT IN THE
(;ATE\¥AY, SHEARXVATER, DOXVNT()\VN AND El. CAMINO
REDEVELOPMENT PLANS
WHEREAS, the City Council of the City of South San Francisco (the "City Council"),
originally approved and adopted Redevelopment Plans for the (i) Gateway Redevelopment
Project ("Gateway") on June 17, 1981, by Ordinance No. 867-81, (ii) U.S. Steel Plant Site
Project ("U.S. Steel/Shearwater") on January 8, 1986 by Ordinance No. 996-86, (iii)
Downtown/Central Redevelopment Project ("Downtown") on July 112, 1989 by Ordinance No.
1056-89, and (iv) tine E1 Camino Con'idor Area Project ("El Camino") on July 14, 1993 by
Ordinance No. 1132-93 (collectively the "Redevelopment Plans"); and
WHEREAS, the E1 Camino Redevelopment Plan was amended on June 28, 2000 by
Ordinance No. 1270-2000 to add ten'itory to the E1 Camino redevelopment area ("El Camino
Added Area"); and
WHEREAS, the Redevelopment Plans, as amended from time to time, contain certain
time limitations on the effectiveness of redevelopment activities and the Agency's ability to
receive tax increment revenue to repay Agency indebtedness incun'ed to canT out redevelopment
activities; and
WI-iEREAS, the Redevelopment Agency of the City of South San Francisco, California
(the "Agency"), has been designated as the official redevelopment agency in the City of South
San Francisco to carry out the functions and requirements of the Community Redevelopment
Law of the State of California (Health and Safety Code Section 33000 et seq.) and to implement
the Redevelopment Plans; and
WHEREAS, effective September 1,2003, SB 1045 added Section 33681.9 to the Health
and Safety Code, pursuant to which the Agency is required to make a payment during the 2003-
04 fiscal year for deposit in the County of San Mateo Educational Revenue Augmentation Fund;
and
WHEREAS, SB 1045 amends Section 33333.2 of the Health and Safety Code to provide
that when a redevelopment agency is required to make a payment pursuant to Section 33681.9,
the legislative body may, by adoption of an ordinance, amend a redevelopment plan to extend by
one year tine time limit on tine effectiveness of the plan and the time limit for repayment of
agency indebtedness witln tax increment funds; and
WHEREAS, SB 1045 further amends Section 33333.2 of the Health and Safety Code to
provide that in adopting an ordinance pursuant to the foregoing authority, neither the legislative
body nor the redevelopment agency is required to follow the procedural requirements ordinarily
required for the amendment of redevelopment plans;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN
FRANCISCO, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
The time limit on the effectiveness of the Gateway Redevelopment Plan shall be amended to
read as June 17, 2022 and the time limit on the receipt of property taxes and repayment of
indebtedness shall be extended one year to June 17, 2032.
Section 2.
The time limit on the effectiveness of the U.S. Steel/Shearwater Redevelopment Plan shall be
amended to read as January 8, 2027 and the time limit on the receipt of property taxes and
repayment of indebtedness shall be extended one year to January 8, 2037.
Section 3.
The time limit on the effectiveness of the Downtown Redevelopment Plan shall be amended to
read as July 12, 2030 and the time limit on the receipt of property taxes and repayment of
indebtedness shall be extended one year to July 12, 2040.
Section 4.
The time limit on the effectiveness of the El Camino Redevelopment Plan shall be amended to
read as July 14, 2034 and the time limit on the receipt of property taxes and repayment of
indebtedness shall be extended one year to July 14, 2044; except with regard to the E1 Camino
Added Area for which the effectiveness of the El Camino Redevelopment Plan shall be amended
to read as June 28, 2031 and the time limit on the receipt of property taxes and repayment of
indebtedness shall be extended one year to June 28, 2046.
Section 5.
The Redevelopment Plans are otherwise continued in full force and effect except as amended by
this Ordinance.
Section 6.
The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency.
Section 7. Severability
If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect
the validity of the remaining portion of this Ordinance, and the City Council hereby declares that
it would have passed the remainder of this Ordinance if such invalid portion thereof had been
deleted.
Section 8. Publication and Effective Date
This Ordinance shall be published once, with the names of those City Councilmembers voting
for or against it, in the San Marco Times, a newspaper of general circulation in the City of South
San Francisco, as required by law, and shall become effective thirty (30) days from and after its
adoption.
Introduced and adopted at a regular meeting of the City Council of the City of South San
Francisco, held the ~ day of ,2004.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the day of, 2004 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
As Mayor of tine City of South San Francisco, I do hereby approve the foregoing
Ordinance this __ day of 2004.
Mayor
S:\Cun'ent Ord's\1045-Ordinance RDA Amendments2.doc
StaffReport
AGENDA ITEM 4b
DATE:
TO:
FROM:
SUBJECT:
March 24, 2004
The Honorable Mayor and City Council
Steven T. Mattas, City Attorney
An Ordinance eliminating the time limit on the establish~nent of loans, advances, and
indebtedness with respect to the Gateway Redevelopment Plan
RECOMMENDATION:
Adopt an ordinance eliminating the time limit on the establishment of loans, advances, and
indebtedness with respect to the Gateway Redevelopment Plan
BACKGROUND/DISCUSSION:
Council has previously waived reading and introduced the following ordinance. The Ordinance is now
ready for adoption.
AN ORDINANCE ELIMINATING THE TIME LIMIT ON THE ESTABLISHMENT OF
LOANS, ADVANCES, AND INDEBTEDNESS WITH RESPECT TO TI-I:E GATEWAY
REDEVELOPMENT PLAN
(Introduced 03/10/04 - Vote 5 - 0)
Stey Mattas, City Attorney Mic qael A. Wilson2,City Mana=er
Enclosure: Ordinance
ORDINANCENO.
.-'\N ()RDINANCE ()F ri'H1.2 CITY ()F S()I. ITH SAN FRANCISCO
REDEVEI.()PMENT A(;ENCY ELIMINATING THE TIME IJMIT ON
THE ESTABLISHMENT OF LOANS, ADVANCES, AND
INDEBTEDNESS \¥ITH RESPECT TO THE GATE\¥AY
REDEVELOPMENT PLAN
WHEREAS, tine City Council of the City of Soutln San Fran'cisco (the "City Council"),
originally approved and adopted a redevelopment plan ("Redevelopment Plan") for the Gateway
Redevelopment Project ("Gateway") on June 17, 1981, by Ordinance No. 867-81 which
Redevelopment Plan permitted the Redevelopment Agency of the City of South San Francisco,
California (tine "Agency") to establish loans, advances and indebtedness for the life of the plan;
and
WHEREAS, in 1993 the State Legislature adopted AB 1290 which required that
redevelopment plans adopted prior to January 1, 1994 be amended to establish a time limit for
the establishment of loans, advances and indebtedness of the later of' 20 years from the date the
plan became effective or January 1, 2004 and pursuant to which the City Council amended the
Redevelopment Plan to provide that the Agency could no longer incur loans, advances and
indebtedness after January 1, 2004; and
WHEREAS, in 2001 the State Legislature adopted SB 211 which permits a
redevelopmbnt plan to be amended, on or after January 1, 2002, to eliminate the time limit on the
establishment of loans, advances and indebtedness as described in California Health & Safety
Code Section 33333.6(e)(2)(B); and
WHEREAS, wlnen a redevelopment plan is amended pursuant to Section
33333.6(e)(2)(B), a redevelopment agency shall pay each affected taxing entity either (i) the
amount required to be paid by an agreement between the agency and an affected taxing entity
entered into prior to January 1, 1994 or (ii) the statutorily prescribed pass-through payments
contained in Section 33607.5 (b), (c), (d), and (e) beginning with the first fiscal year following
the fiscal year in which the time limit for establishing loans, advances and indebtedness was to
expire; and
WHEREAS, in adopting the amendment discussed herein, Section 33333.6(e)(2)(B)
provides that neither the City Council nor the Agency is required to follow the procedural
requirements ordinarily required for the amendment of redevelopment plans; and
WHEREAS, the City Council has deterrnined, in consultation with the Agency, that
eliminating tine time limit for establishing loans, advances and indebtedness will assist in
accomplistning the goals and objectives of the Redevelopment Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN
FRANCISCO DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
The time limit of January 1, 2004 for establishing loans, advances and indebtedness under the
Redevelopment Plan is hereby eliminated pursuant to Section 33333.6(e)(2)(B)(3) of the
California Health & Safety Code.
Section 2.
The Redevelopment Plan is otherwise continued in full force and effect except as amended by
this Ordinance.
Section 3.
The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency.
Section 4. Severabilit¥
If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect
the validity of the remaining portion of this Ordinance, and the City Council hereby declares that
it would have passed the remainder of this Ordinance if such invalid portion thereof had been
deleted.
Section 5. Publication and Effective Date
This Ordinance shall be published once, with the names of those City Councilmembers voting
for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South
San Francisco, as required by law, and shall become effective thirty (30) days from and after its
adoption.
Introduced and adopted at a regular meeting of the City Counci3 of the City of South San
Francisco, held the __ day of ,2004.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the day of, 2004 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this ~ day of 2004.
Mayor
S:\Current Ord's\Gateway time limit for hacurrfl~g debt.or&DOC
StaffReport
AGENDA ITEM 4c
DATE:
TO:
FROM:
SUBJECT:
March 24, 2004
The Honorable Mayor and City Council
Steven T. Mattas, City Attorney
An Ordinance eliminating the time limit on the establishment of loans, advances, and
indebtedness with respect to the U.S. Steel/Shearwater Redevelopment Plan
RECOMMENDATION:
Adopt an ordinance eliminating the time limit on the establishment of loans,
indebtedness with respect to the U.S. Steel/Shearwater Redevelopment Plan
advances, and
BACKGROUND/DISCUSSION:
Council has previously waived reading and introduced the following ordinance. The Ordinance is now
ready for adoption.
AN ORDINANCE ELIMINATING TE TIME LIMIT ON THE ESTABLISI-EM~NT OF
LOANS, ADVANCES, AND INDEBTEDNESS WITH RESPECT TO THE U.S.
STEEL/SHEARWATER REDEVELOPMENT PLAN
(Introduced 03/10/04 - Vote 5 - 0)
Steven T. Mattas, City Attorney
Wilson~,~Manager
Enclosure: Ordinance
ORDINANCE NO.
AN ORDINANCE OF TI-EE CITY OF SOUTH SAN FRANCISCO
REDEVELOPMENT AGENCY ELIMINATING THE TIME LIMIT ON
THE ESTABLISHMENT OF LOANS, ADVANCES, AND
INDEBTEDNESS WITH RESPECT TO THE U.S.
STEEL/SHEARWATER REDEVELOPMENT PLAN
WHEREAS, the City Council of the City of South San Francisco (the "City Council"),
originally approved and adopted a redevelopment plan ("Redevelopment Plan") for the U.S.
Steel Plant Site Project ("U.S. Steel/Shearwater") on January 8, 1986 by Ordinance No. 996-86
which Redevelopment Plan permitted the Redevelopment Agency of the City of South San
Francisco, California (the "Agency") to establish loans, advances and indebtedness for the life of
the plan; and
WHEREAS, in 1993 the State Legislature adopted AB 11290 which required that
redevelopment plans adopted prior to January 1, 1994 be amended fo establish a time limit for
the establishment of loans, advances and indebtedness of the later of 20 years from the date the
plan became effective or January 1, 2004 and pursuant to which the City Council amended the
Redevelopment Plan to provide that the Agency could no longer incur loans, advances and
indebtedness after January 8, 2006; and
WHEREAS, in 2001 the State Legislature adopted SB 211 which permits a
redevelopment plan to be amended, on or after January 1, 2002, to eliminate tine time limit on the
establishment of loans, advances and indebtedness as described in California Health & Safety
Code Section 33333.6(e)(2)(B); and
WHEREAS, when a redevelopment plan is amended pursuant to Section
33333.6(e)(2)(B), a redevelopment agency shall pay each affected taxing entity either (i) the
amount required to be paid by an agreement between the agency an~d an affected taxing entity
entered into prior to January 1, 1994 or (ii) the statutorily prescribed pass-through payments
contained in Section 33607.5 (b), (c), (d), and (e) beginning with the first fiscal year following
the fiscal year in which the time limit for establishing loans, advance, s and indebtedness was to
expire; and
WHEREAS, in adopting the amendment discussed herein,, Section 33333.6(e)(2)(B)
provides that neither the City Council nor the Agency is required to follow the procedural
requirements ordinarily required for the amendment of redevelopment plans; and
WHEREAS, the City Council has determined, in consultation with the Agency, that
eliminating the time limit for establishing loans, advances and indebtedness will assist in
accomplishing the goals and objectives of the Redevelopment Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN
FRANCISCO, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. "
The time limit of January 8, 2006 for establishing loans, advances and indebtedness under the
Redevelopment Plan is hereby eliminated pursuant to Section 33333.6(e)(2)(B)(3) of the
California Health & Safety Code.
Section 2.
The Redevelopment Plan is otherwise continued in full force and effect except as amended by
this Ordinance.
Section 3.
The City Clerk is hereby directed to send a certified copy of this Ordinance to the Agency.
Section 4. Severabilit¥
If any part of this Ordinance is held to be invalid for any reason, such decision shall not affect
the validity of the remaining portion of this Ordinance, and the City Council hereby declares that
it would have passed the remainder of this Ordinance if such invalid portion thereof had been
deleted.
Section 5. Publication and Effective Date
This Ordinance shall be published once, with the names of those City Councilmembers voting
for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South
San Francisco, as required by law, and shall become effective thirty (130) days from and after its
adoption.
Introduced and adopted at a regular meeting of the City Counc!il of the City of South San
Francisco, held the __ day of ,2004.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the day of, 2004 by the following vote:
A YES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this __ day of 2004.
Mayor
S:\Current Ord's\Shearwater time limit for incurring debtl.ord.DOC