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HomeMy WebLinkAboutCC Resolution 12191 (Relign DuBois St.)CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLUTION NO. 12191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING EXECUTION OF AN AMENDED ACQUISITION AGREEMENT AND THE MAINTENANCE AGREEMENT FOR THE REALIGNMENT OF DUBOIS STREET (Best Buy, 700 DuBois) BE IT RESOLVED by the Members of the City Council of the City of San Rafael as follows: WHEREAS, Best Buy Stores, L.P., a Virginia limited partnership ("Best Buy") has obtained from the City of San Rafael (the "City") an Environmental and Design Review Permit (the "Permit") for development of a retail facility (the "Development") on real property located at 632 Irwin Street, also sometimes identified by the alternative address of 700 Dubois Street, in the City of San Rafael, County of Marin (the "Property"); and WHEREAS, Best Buy has subleased the Property from CAJAN, LLC, a California limited liability company (the "Lessee"), which has leased the Property from Rudolph L. Tulipani and Donna Tulipani, as trustees of the Tulipani Family Trust, and Georgia A. Stapleton, as trustee of the Georgia A. Stapleton 1998 Family Trust (collectively, the "Owners"); and WHEREAS, the City has plans to realign Dubois Street and construct certain public improvements in connection with such realignment (the "Realignment Improvements") adjacent to the Property; and WHEREAS, in order to facilitate the construction of the Realignment Improvements, the Owners, Lessee and Best Buy desire to convey to the City, and the City desires to acquire, a portion of the Property that is adjacent to Dubois Street and is needed for the Realignment Improvements (the "Acquisition Parcel") pursuant to an Acquisition Agreement between the parties dated February 10, 2006 (the "Acquisition Agreement"); and WHEREAS, the Acquisition Agreement provides for the City, in consideration for the conveyance of the Acquisition Parcel, to provide the Owners, Lessee and Best Buy credit against the traffic mitigation fees that are payable in connection with the development of the Property; and 141\01\258959.1 WHEREAS, the City and Best Buy also entered into a Public Improvements Development Agreement dated February 10, 2006 (the "Public Improvements Development Agreement") that provided for Best Buy to design and construct the Realignment Improvements because the City expected cost savings from constructing the Realignment Improvements in conjunction and integrated with the construction of the Development and because Best Buy has agreed to be compensated for the construction of the Realignment Improvements in the form of credits against City traffic mitigation fees that are required to be paid in connection with the Development; and WHEREAS, the bid for the Realignment Improvements exceeded traffic mitigation fees attributable to the Development and the City notified Best Buy that the City will not fund the construction of the Realignment Improvements; and WHEREAS, the City desires to acquire the parcel pursuant to the Acquisition Agreement and install the Realignment Improvements at a future date; and WHEREAS, Best Buy desires to improve and maintain the Acquisition Parcel until the City installs the Realignment Improvements pursuant to a Maintenance Agreement with the City. NOW, THEREFORE, IT IS HEREBY RESOLVED as follows: Section 1. The City Council hereby approves the Amendment to the Acquisition Agreement and the Maintenance Agreement to be prepared by legal counsel and approved by the City Attorney and authorizes the City Manager to execute such Agreements on behalf of the City, such approval to be conclusively evidenced by the execution of such Agreements. Section 2. This Resolution shall take immediate effect from and after its passage and approval. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of said City Council held on the 50' day of February, 2007 by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen P4.,aoL JEANNNM. LEONCINI, City Clerk 141\01\258959.1