HomeMy WebLinkAboutCC Resolution 13639 (Corporate Center)RESOLUTION NO. 13639
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ENDORSING A REQUEST TO THE SAN RAFAEL SUCCESSOR AGENCY
FOR A SECOND EXTENSION OF THE CONSTRUCTION SCHEDULE FOR THE
PHASE II BUILDINGS IN THE SAN RAFAEL CORPORATE CENTER
WHEREAS, on February 17, 1998 the San Rafael City Council approved a Development
Agreement with Fair, Isaac and Company, Inc. ("Fair, Isaac") for the development of a phased
office park on property located at Second and Lindaro Streets, now known and hereafter referred
to as the San Rafael Corporate Center; and
WHEREAS, on May 18, 1998, in connection with the City Council's approval of the
Development Agreement, the San Rafael Redevelopment Agency ("the Redevelopment
Agency") entered into an Owner Participation, Disposition and Development Agreement (the
"OPDDA") providing for the sale to and development by Fair, Isaac of certain Redevelopment
Agency real property as part of the San Rafael Corporate Center; and
WHEREAS, the San Rafael Corporate Center project, including title to the properties
subject to the Development Agreement and the OPDDA and all the rights and obligations of
Fair, Isaac under the Development Agreement and the OPDDA and all amendments to those
agreements, subsequently have been assigned and transferred to a new property owner/developer
called Seagate SR Corporate Center LLC, a California limited liability company (hereafter
"Seagate SRCC"); and
WHEREAS, the OPDDA establishes the schedule for construction of the San Rafael
Corporate Center, and provides, in part, that once Seagate SRCC commences construction on
Phase II of the project it must diligently pursue construction of the remaining structures and
parking without interruption until completion; and
WHEREAS, Seagate SRCC commenced construction of Phase II in compliance with the
Development Agreement and the OPDDA and completed construction of the office buildings at
770 and 790 Lindaro Street and the parking garage at 775 Lindaro Street in 2009, but wished at
that time to delay commencement of the final Phase 11 office building at 791 Lincoln Avenue and
parking garage at 788 Lincoln Avenue, due to the poor economic conditions created by the Great
Recession: and
V►'HERE AS, Section 9.04 of the OPDDA provides that times of performance under the
OPDDA may be extended in writing by the Redevelopment Agency and the developer; and
WHEREAS. on July 20, 2009, the Board of the Redevelopment Agency adopted
Resolution No. 2009-11 approving a request from Seagate SRCC for postponement of the
commencement of construction of the final Phase 11 building and parking structure for a period
of 30 months, with the additional agreement that a second 30 -month extension matt be granted
by the Redevelopment Agency Board upon reasonable and timely request by Seagate SRCC; and
WHEREAS, on July 20, 2009, the City Council adopted Resolution No. 12794, finding
that the requested extension of the construction schedule for the final Phase II building and
parking structure was consistent with the terms of the Development Agreement and was in the
best interests of the City of San Rafael; and
WHEREAS, due to the continuing challenges related to the Great Recession, on
September 23, 2013 Seagate SRCC submitted a timely written request for an additional 30 -
month extension of the required construction schedule; and
WHEREAS, the City Council finds that the requested extension is reasonable and timely
and consistent with the terms of the Development Agreement, and is in the best interests of the
City of San Rafael and its residents.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council hereby
endorses the request to the San Rafael Successor Agency by Seagate SRCC for a second 30 -
month extension of the time to commence construction of the 791 Lincoln Avenue office
building and the 788 Lincoln Avenue parking garage pursuant to the OPDDA.
I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby certify that the
foregoing was duly and regularly introduced and adopted at a regular meeting of the City
Council of the City of San Rafael held on the 181h day of November, 2013 by the following vote:
AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE?, City Clerk