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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