HomeMy WebLinkAboutCC Resolution 6960 (Air Space Rights)RESOLUTION NO. 6960
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SANT RAFAEL RESOLVES as follows:
The !,1AYOR and CITY CLERK are authorized to execute, on behalf of
the City- of San Rafael, a contract, lease or agreement with
the Salvation Army regarding air space rights
a copy- of which is hereby attached and by this reference made a part
hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certifc that the foregoinresolution was duly and regularly intro-
C)
d-ced and adopted at a Regular meeting of the City Council of said
C --'t7 held on Monda
the Fifth day of November ,
19 84 , by the following vote, to wit:
1,:ES : COU- CIL?.E'1BERS : Frugoli , Nave, Russom and Acting Mayor Breiner
5 : COU\CII,',B?BEnS : None
A3SE'"-iT : COU CILKElBERS : p°ayor Mulryan
JEAN n. LEONCINI, City Clerk
AGREEMENT REGARDING AIR SPACE RIGHTS
This agreement is made this 5th of November
1984 by the Salvation Army, a California corporation,
("Developer") and the City of San Rafael, a municipal
corporation, ("City").
Whereas, Developer is the owner of the real property
in the City of San Rafael, California, Assessor's Parcel
No. 14-092-26, (the "Property"), more particularly described
in Exhibit "A" attached hereto and incorporated herein
by reference; and
Whereas, pursuant to a use permit issued August 24,
1982, City permitted Developer to construct a one-story
building on the Property, including a Community Center
approximately 5,500 square feet in area; and,
Whereas, at the time said use permit was issued, City
determined that the air space above the Community Center
was suitable for construction of residential housing units,
and that there is a need for the construction of such housing
units in City; and
Whereas, as a condition of the issuance of the use
permit, Developer agreed to execute an agreement in
substantially the form of this agreement;
Now, therefore, in consideration of the issuance of
said use permit, and expressly for the benefit of, and
to bind, the Property and the successors in interest of
the parties hereto, the parties agree as follows:
1. Developer will use its best efforts to obtain
necessary funding to construct residential units on the
air space above the Community Center and, in the event
such funding is or becomes available, to construct such
residential units.
2. Developer may at any time offer the air space
rights for sale to a third party; provided, however, that
the offer shall specify that the air space rights are
to be used for residential housing, and that the purchaser
of the air space rights shall enter into a recordable agree-
ment to that effect.
3. On January 31, 1988, unless Developer has constructed
residential units on the air space or sold the air space
rights to a third party, Developer shall make an irrevocable
offer of dedication of the air space rights to City. The
dedication shall be for the purpose of constructing
residential housing units. Developer may continue to seek
funding for construction or to offer the air space rights
for sale to a third party until such time as City shall
have accepted the dedication.
4. At the time dedication is accepted or the air
space rights are sold, Developer and the transferee shall
enter into a recordable agreement providing for mutual
use of the parking areas, building and ground maintenance,
and arbitration of disputes between owners of the Property
and owners of the air space rights.
5. At its first meeting after January 31, 1988, or
as soon thereafter as is reasonably practicable, the
Planning Commission of City shall review the offer of
dedication of air space rights and make recommendations
to the City Council as to whether the dedication should
be accepted.
G. This agreement pertains to and runs with the
Property, and binds the successors in interest of the
parties.
In witness whereof, the parties have executed this
agreement on the day and year first above written.
"DEVELOPER"
THE SALVATION ARMs'
A California Corporation
BY: ��-`' �-- 1 VICE PRESIDENT
Its: FrRETAI�l
"CITY"
CITY OF SAN RAFAEL
BY. 0,_A�74 C�
Dorothy L Breiner
Vice Mayor
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Attest:
ty Clerk
Approved as to Form:
Ay )-- . i1 _ C",
ssistant City Attorney
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