HomeMy WebLinkAboutCC Resolution 14033 (Lennar ENRA Extension)
RESOLUTION NO. 14033
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL TO PROVIDE
A SEVENTY-FIVE DAY EXTENSION OF AN EXCLUSIVE
NEGOTIATING RIGHTS AGREEMENT WITH LENNAR MULTIFAMILY
COMMUNITIES, LLC TO DEVELOP HOUSING AND PARKING FOR
THE CITY GARAGE LOCATED AT THIRD STREET AND LOOTENS
PLACE
WHEREAS, the City of San Rafael ("City") owns the real property and parking
garage known as the Third-Lootens Parking Garage ("Parking Garage"); and
WHEREAS,
Plan as Goal 6. General Plan Goal 6 includes the following implementation policies:
opportunities for retail, office and residential development;
NH 22 to create a popular and attractive residential environment that
contributes to the activity and sense of community in Downtown; and
NH 34 to encourage activities that will promote the Fourth Street Retail Core
WHEREAS, one of the City Council goals is to provide neighborhood and
economic vitality by supporting the development of key Downtown sites, and the City
ted "support development of key
sites such as 1001-1009 Fourth Street" as one of its eight priorities; and
WHEREAS, Lennar Multifamily Communities ("Developer") has proposed
redeveloping the City Parking Garage at Third and Lootens and adjoining privately-
owned properties on which Developer holds an option to purchase, including the
property located at 1001 Fourth Street and 926 Third Street, into a mixed-use
development, including new multi-family housing and related amenities, private parking
and replacement public parking ("Project"); and
WHEREAS, staff engaged Seifel Consulting to evaluate the preliminary
economic feasibility of the proposed Project and the preliminary analysis indicates that
the current proposal provides adequate financial consideration for the City to consider
further negotiations regarding the potential Project; and
WHEREAS, funds have been appropriated in the Economic Development
Department budget for the current Seifel Consulting contract; and
WHEREAS, the City Council approved an Exclusive Negotiating Rights
Agreement ("ENRA") between the City and the Developer on August 17, 2015; and
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WHEREAS, staff and Developer have diligently conducted negotiations pursuant
to the ENRA. The Developer no longer has an option to purchase the property located
at 1001 Fourth Street and has requested a seventy-five day extension to the ENRA to
redesign the project without that parcel; and
WHEREAS, the staff report accompanying this Resolution provides additional
information about the potential project.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San
Rafael as follows:
1. The City Council hereby finds and determines that the above recitals are
true, correct and incorporated herein.
2. The City Council hereby approves a seventy-five day extension to the
ENRA and authorizes the City Manager to execute on behalf of the City the ENRA
extension in a from to be approved by the City Attorney provided, however, that nothing
in this Resolution, the preparation of the ENRA or the conduct of the negotiations
pursuant to the ENRA or the ENRA extension commits the City to approve any land use
approvals for the Project or approve any agreement with the Developer.
3. The City Council authorizes and directs the City Manager and his/her
designees to take such steps as are reasonable and necessary to performance of the
City's obligations under the ENRA and to carry out the terms and conditions of the
ENRA.
4. This Resolution shall take immediate effect upon adoption.
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, herby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting
of the City Council of the City of San Rafael held on the sixteenth day of November,
2015, by the following vote:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin & Vice-Mayor McCullough
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Phillips
ESTHER C. BEIRNE, City Clerk
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