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
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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
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