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HomeMy WebLinkAboutCC Resolution 12794 (Corp. Center)RESOLUTION NO. 12794 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ENDORSING AN AGREEMENT BETWEEN THE SAN RAFAEL REDEVELOPMENT AGENCY AND SEAGATE SR CORPORATE CENTER LLC FOR A POSTPONEMENT OF THE CONSTRUCTION SCHEDULE TO COMPLETE THE PHASE II BUILDINGS FOR THE SAN RAFAEL CORPORATE CENTER PROJECT WI IEREAS, 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 entered into an Owner Participation, Disposition and Development Agreement (the "OPDDA") providing for the sale to and development by Fair, Isaac of certain 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, have since been comprehensively 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, Section 9.04 of the OPDDA provides that times of performance under the OPDDA may be extended in writing by the Agency and the developer; and WHEREAS, Seagate SRCC has commenced construction of Phase II in compliance with the Development Agreement and the OPDDA, and expects to complete construction of the office buildings at 770 and 790 Lindaro Street and the parking garage at 775 Lindaro Street in September 2009; and WHEREAS, to continue to comply with the required construction schedule, Seagate SRCC will be required to commence construction on the final Phase II office building, at 791 Lincoln Avenue, and parking garage, at 788 Lincoln Avenue, immediately following completion of the structures now under construction; and WHEREAS, by letter dated June 22, 2009, Seagate SRCC has requested that the Agency Board agree to a postponement of the commencement of construction of the 791 Lincoln Avenue office building and the 788 Lincoln Avenue parking garage for a period of thirty (30) months, with the agreement that a second thirty (30) month extension may be granted by the Agency Board upon reasonable request by Seagate SRCC; and WHEREAS, Seagate SRCC has cited the adverse impacts of the nation's current severe economic recession on local office vacancy rates, and the limited availability of commercial real estate construction financing, as reasons for its request to postpone construction; and WIIEREAS, earlier on this date, the Agency Board adopted its Resolution No. 2009-11 agreeing to the postponement of the commencement of construction of the 791 Lincoln Avenue office building and the 788 Lincoln Avenue parking garage requested by Seagate SRCC, as more particularly set forth in that Resolution; and WHEREAS, the City Council finds that the approved postponement is 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 agreement between the Agency and Seagate SRCC for a postponement of the commencement of construction of the 791 Lincoln Avenue office building and the 788 Lincoln Avenue parking garage, as more particularly set forth in Agency Board Resolution No. 2009-11 adopted earlier on this date. 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 20th day of July 2009 by the following vote: AYES: COUNCILMEMBERS: Brockbank, Connolly, Ileller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk 0