HomeMy WebLinkAboutCC Resolution 9996 (Transfer Property; 750 Lincoln Ave)CITY OF SAN RAFAEL
RESOLUTION N0.9996
A RESOLUTION AUTHORIZING TRANSFER OF REAL PROPERTY AT
750 LINCOLN AVENUE, APN 013-021-19, FROM THE CITY OF
SAN RAFAEL TO THE SAN RAFAEL REDEVELOPMENT AGENCY
BE IT RESOLVED by the City Council Members of the City of
San Rafael as follows:
WHEREAS, the City Council of the City of San Rafael (the
"City Council") has adopted the Amended and Restated
Redevelopment Plan for the Central San Rafael Redevelopment
Project (the "Redevelopment Plan") on October 16, 1989, by
Ordinance No. 1572; and
WHEREAS, the San Rafael Redevelopment Agency (the "Agency")
is vested with responsibility pursuant to the Community
Redevelopment Law (Health and Safety Code Section 33000 et sea.)
(the "Law") to implement the Redevelopment Plan in the Project
Area; and
WHEREAS, the City of San Rafael, a municipal corporation
(the "City"), is the fee owner of certain real property located
within the City and used as a gas station and City corporation
yard (the "Property"); and
WHEREAS, the Property is located in the area governed by the
Redevelopment Plan (the "Project Area"); and
WHEREAS, development of the Property along with development
of the adjacent PG&E property will assist in the implementation
of the Redevelopment Plan and the elimination of conditions of
blight in the Project Area by redeveloping currently vacant and
underutilized land for uses consistent with a downtown San Rafael
location; and
WHEREAS, the City and the Agency have determined that their
respective goals, objectives, and policies with respect to
development of the Property can be facilitated through conveyance
of the Property by the City to the Agency; and
WHEREAS, the City and the Agency desire
purchase and sale agreement (the "Agreement")
the form on file with the City Clerk, whereby
141\01\107747.02 - 1 -
to enter into a
substantially in
the Agency will
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purchase the Property for the amount of at least Two Million
Dollars ($2,000,000); and
WHEREAS, pursuant to Health and Safety Code Section
33220(a), the City is authorized to convey the Property to the
Agency with or without consideration; and
WHEREAS, pursuant to Health and Safety Code Section 33391,
the Agency is authorized to acquire the Property for purposes of
redevelopment; and
WHEREAS, the City is processing an environmental impact
report ("EIR") for proposed development of the Property and the
adjacent PG&E property which EIR will be certified prior to and
will be considered in connection with the Agency's consideration
of a disposition and development agreement with a Developer and
the City's consideration of applications for the proposed
development; and
WHEREAS, absent approval of a disposition and development
agreement with a Developer, the City's conveyance of the Property
to the Agency will have no effect on the environment and will not
change the physical environment, since the Property will remain
in possession of the City in its current use and will be
reconveyed to the City if the Agency does not enter into a
disposition and development agreement pertaining to the Property.
NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:
Section 1. The City Council hereby finds and determines
that the sale of the Property to the Agency is desirable in order
to facilitate redevelopment of the Property and adjoining PG&E
property for uses consistent with the downtown location.
Section 2. The City Council finds that the conveyance of
the Property to the Agency will have no effect on the environment
and will not change the physical environment and therefore is not
a project for the purposes of the California Environmental
Quality Act.
Section 3. The City Council hereby approves the sale of the
Property to the Agency and authorizes the City Manager to execute
on behalf of the City the Agreement, substantially in the form on
file with the City Clerk, with such minor changes as are approved
by the City Manager, such approval to be conclusively evidenced
by the execution of the Agreement.
Section 4. The City Council hereby authorizes the City
Manager to take such other actions and execute such other
documents as are appropriate to effectuate the intent of the
executed Agreement.
141\01\107747.02 -2 -
Section 5. 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 the City
Council of the City of San Rafael held on JANUARY 5 ,
1998 , by the following vote:
AYES: COUNCILMEMBERS:Cohen, Miller, Phillips & Vice -Mayor Heller
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
DISQUALIFIED: COUNCILMEMBERS:Mayor Boro (due to conflict of interest)
JeanneG�: Leon
G� '
cini, City Clerk
141\01\107747.02 - 3 -
CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLUTION NO. 9634
A RESOLUTION DIRECTING THE CITY MANAGER TO TAKE
PRELIMINARY ACTIONS TOWARDS AGREEMENTS PROVIDING
FOR DISPOSITION OF CITY CORPORATION PROPERTY
The City Council of the City of San Rafael, Marin County,
California, does hereby declare, find and determine that:
WHEREAS, the Cit x owns certain real property (the "Corp Yard
Property") which is within the area governed by the Redevelopment
Plan for the Central San Rafael Redevelopment Project (the
"Plan") and is used as the City's corporation yard. The Corp
Yard Property consists of Assessor's Parcel 13-021-19.
WHEREAS, the Corp Yard Property is adjacent to property
formerly used as Pacific Gas & Electric Company's service center
(the "PG&E Property") at Second and Lindaro Streets. Because of
its strategic location in downtown San Rafael, the City and the
Redevelopment Agency have long sought to obtain the redevelopment
of the PG&E Property.
WHEREAS, a proposal has been made to redevelop the PG&E
Property for office use for Fair Isaac, Inc., a business
currently located in the City and seeking to relocate within the
City.
WHEREAS, it has also been proposed that the Corp Yard
Property be redeveloped and used as part of the Fair Isaac, Inc.
office development.
WHEREAS, inclusion of the Corp Yard Property in the Fair
Isaac, Inc. development would require the City's conveyance of
the Corp Yard Property to the Agency and the Agency's subsequent
conveyance of the Corp Yard Property for inclusion in the Fair
Isaac, Inc. development
WHEREAS, the Agency and City desire to include the Corp Yard
Property in the Fair Isaac, Inc. development if satisfactory
agreements for that inclusion can be reached and the City is
satisfied that a replacement corporation yard can be constructed
at a reasonable cost at another location in the City; and, to
that end, the City Council desires to direct staff to prepare and
negotiate the agreements necessary to provide for that inclusion.
141 DG"50
06/25/96
Attachment A
THEREFORE, the City Council resolves as follows:
1. The city Manager is hereby directed to work with Agency
staff to prepare an agreement providing for the city's conveyance
of the Corp Yard Property on such terms as the City Manager deems
appropriate and at a price equal to that the Agency will receive
for the Corp Yard Property.
2. The City Manager is directed to take such steps as aro
necessary for the City Council's consideration of a proposed
agreement for conveyance of the Corp Yard Property to the Agency
at such time as the Agency and City Council are prepared to
consider a proposed disposition and development agreement for the
Corp Yard Property and PG&E Property .
I HEREBY CERTIFY that the foregoing Resolution was duly and
regularly adopted at a regular meeting of the City Council of the
City of San Rafael on JULY 1 , 1996.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and
Mayor Boro
NOES: COUNCILMEMBERSa. None
ABSENT: COUNCILMEMBERS: None
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06/25/96
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n Attachment B
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT ("Agreement") is made as of
this 29th day of January , 1998, by and between the City of
San Rafael, a municipal corporation ("City"), and the San Rafael
Redevelopment Agency, a public body, corporate and politic
("Agency") with reference to the following:
RECITALS
A. City is the owner of that certain real property located
in San Rafael, County of Marin, California, as more particularly
described in Exhibit A attached hereto ("Property").
B. The Property is located within the project area
("Project Area") governed by the Redevelopment Plan for the
Central San Rafael Redevelopment Project ("Redevelopment Plan")
and is currently in use as a gas station and City corporation
yard.
C. City and Agency believe that redevelopment of the
Property and the adjoining PG&E property for use consistent with
the downtown location will assist in the implementation of the
Redevelopment Plan and the elimination of conditions of blight in
the Project Area.
D. City and Agency have determined that their respective
goals, objectives, and policies with respect to development of
the Property and the adjoining PG&E property can best be achieved
through conveyance of the Property by City to Agency. Conveyance
to Agency will facilitate the use of Agency development
expertise, monitoring capabilities and financial resources to
promote timely reconveyance and redevelopment of the Property.
E. Consequently, City desires to sell and Agency desires
to purchase the Property for the consideration described below.
F. City and Agency also desire that City shall retain
possession of and responsibility for maintaining the Property
until such time as Agency arranges for the sale of the Property
to a third party developer ("Developer").
G. City and Agency further desire that City assign and
Agency assume all rights and obligations under any leases
currently in effect for the Property.
H. City is authorized to convey the Property to Agency
with or without consideration pursuant to Health and Safety Code
Section 33220(a).
141\01\107745.03
1
I. Agency is authorized to acquire the Property for
purposes of redevelopment pursuant to Health and Safety Code
Section 33391.
NOW, THEREFORE, in consideration of the above, City and
Agency agree as follows:
Section 1. PURCHASE AND SALE OF PROPERTY. City agrees to
sell the Property to Agency and Agency agrees to purchase the
Property from City, subject to the terms and conditions set forth
in this Agreement.
Section 2. PURCHASE PRICE. The purchase price for the
Property shall be equal to the amount that Agency receives from a
Developer upon sale of the Property to a Developer, but said
amount shall not be less than Two Million Dollars ($2,000,000)
(the "Purchase Price"). The Purchase Price shall be paid in cash
at the time that Agency is paid by Developer.
Section 3. CONVEYANCE OF PROPERTY. City shall convey the
Property to Agency by grant deed within thirty (30) days
following the execution of this Agreement. When the conveyance
is made, the title to the Property shall be in a condition
approved by the Agency, except that the Agency shall accept
conveyance of the Property subject to existing leases thereof
which leases shall be assigned to the Agency. To facilitate
conveyance, the Agency and City shall obtain and review a
preliminary title report for the Property prior to the
conveyance.
Section 4. RECONVEYANCE OF PROPERTY. If Agency has not
entered into a contract for the sale of the Property to a
Developer by June 30, 1998 or if Agency has entered into such an
agreement with Developer by that date but that agreement is later
terminated before sale of the Property, the Agency shall promptly
reconvey the Property to the City, unless the Agency and City
agree in writing otherwise.
Section 5. POSSESSION OF PROPERTY. City shall retain
possession of the Property until Agency has sold the Property to
a Developer and that Developer is entitled to possession. At
least one year's prior notice must be provided to City before a
transfer of possession to a Developer may take place.
Section 6. MAINTENANCE OF PROPERTY. City shall retain
responsibility for the maintenance of the Property until the time
when possession of the Property is transferred pursuant to
Section 5 of this Agreement. Until such time, City shall
maintain the Property in a condition consistent with its current
condition and make, at its own expense, all repairs necessary to
maintain the Property in such condition.
141\01\107745.03 2
Section 7. CONDITION OF PROPERTY. City and Agency shall
cooperate to provide for assignment to a Developer of any rights
City might have against third parties related to the presence of
hazardous or toxic materials on the Property. Except as set
forth in the previous sentence, the Agency and City agree that
the Agency is acquiring the Property in an "as is" condition
without warranty as to the condition of the Property, its
suitability for development or presence or absence of toxic and
hazardous materials.
Section 8. NOTICES. Any notice required or permitted to be
given under this Agreement shall be in writing, addressed as
provided below or to such address as either party shall
subsequently give by notice to the other party, and shall be
either delivered by messenger or an overnight mail service with
a delivery receipt or sent by registered or certified mail,
postage pre -paid, return receipt requested. Such notices shall
be deemed received on the date shown on the receipt, on the date
such notice was returned as undeliverable or on the date delivery
was refused.
City: City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94901
Attn: City Manager
Agency: San Rafael Redevelopment Agency
1331 Fifth Avenue
San Rafael, CA 94901
Attn: Executive Director
Section 9. MISCELLANEOUS PROVISIONS.
(a) This Agreement and its attached exhibits contain
the entire agreement of the parties; any previous understandings
of the parties regarding the subject matter hereof are expressly
declared null and void and are superseded hereby.
(b) If any term or provision of this Agreement shall,
to any extent, be held invalid or unenforceable, the remainder of
this Agreement shall not be affected thereby.
(c) No waiver or any breach of any covenant or
provision herein contained shall be deemed a waiver of any other
covenant or provision herein contained, and no waiver shall be
valid unless in writing and executed by the waiving party. No
extension of time for performance of any obligation or act shall
be deemed an extension of the time for performance of any other
obligation or act.
(d) Headings at the beginning of each paragraph and
subparagraph are solely for the convenience of the parties and
141\01\107745.03 3
are not a part of and shall not be used to interpret this
Agreement, the singular form shall include plural and the
masculine shall include the feminine and vice versa. This
Agreement shall not be construed as if it had been prepared by
one of the parties, but rather as if both parties have prepared
the same. Unless otherwise indicated, all references to
paragraphs are to this Agreement. All exhibits referred to in
this Agreement are attached hereto and incorporated herein by
this reference.
(e) This Agreement shall be governed and construed in
accordance with California law.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date written above.
ATTEST: CITY:
City of San Rafael, a municipal
corporation
By:
Cit Jerk Name: Rod Gould
Title: City Manager
ATTEST: AGENCY:
San Rafael Redevelopment Agency, a
public body, corporate and politic
BY:
Ag " cy Secretary
Name: Rod Gould
Title: Executive Director
141\01\107745.03 4
113488 -TE
Exhibit A
DESCRIPTION
All that certain real property situate in the City of San Rafael
County of Marin, State of California, described as follows:
PARCEL ONE:
BEGINNING at a point in the Southerly line of Second Street, distant 496.5 feet
Easterly from the point of intersection of the said Southerly line of Second Street
with the Easterly line of Lindaro Street; thence running Easterly along said line of
Second Street 140.1 feet to the Southerly line of the San Rafael and San Quentin
Turnpike or Toll Road, now known as Francisco Boulevard; thence Southerly and Easterly
along said line of said Turnpike 90 feet; thence leaving said Turnpike and running
South 140 59, West 153.5 feet; thence North 380 4' West 278.3 feet to the point of
beginning.
EXCEPTING therefrom all that portion thereof lying within the lines of Lincoln Avenue.
PARCEL TWO:
BEGINNING at the point of intersection of the Southerly line of Second Street with the
Easterly line of Petaluma Avenue (now known as Lincoln Avenue); thence Easterly along
the Southerly line of Second Street 6/10 of a foot to the most Westerly corner of that
certain lot or parcel of land which was conveyed by John W. MacKay and James L. Flood
to the City of San Rafael, by Deed dated June 5, 1893 and recorded June 10, 1893 in
Book 26 of Deeds at Page 238, Marin County Records; thence along the Southwesterly line
of said lot, South 380 04' East 278.3 feet to the most Southerly corner of said lot;
thence along the Easterly line of said lot, North 140 59' East 153.5 feet to the
Southerly line of the Toll Road; thence Easterly along the Southerly line of the Toll
Road 6.6 feet to the Westerly bank of the said tidal canal, South 110 43' West 289
feet; thence continuing along said Westerly bank on the arc of a circle having a radius
of 441.7 feet, 462.3 feet to the said Easterly line of Petaluma Avenue; thence
Northerly along the said Easterly line of Petaluma Avenue 702.8 feet to the point of
beginning.
EXCEPTING therefrom all that portion thereof as contained in the Deed from the City of
San Rafael, a municipal corporation, to Pacific Gas and Electric Company, a California
Corporation, recorded October 18, 1961 in Book 1507 of Official Records at Page 381,
and re-recorded November 29, 1961 in Book 1519 of Official Records at Page 608, Marin
County Records.
ALSO EXCEPTING therefrom all that portion described as follows:
A STRIP of land, 10 feet in width, lying Southeasterly of and contiguous to the
Southeasterly boundary of that certain parcel of land described in the Deed from the
City of San Rafael, a municipal corporation, to Pacific Gas and Electric Company, a
California Corporation, recorded October 18, 1961 in Book 1507 of Official Records at
Page 381 and re-recorded November 29,1961 in Book 1519 of Official Records at Page 608,
Marin County Records.
ALSO EXCEPTING therefrom all that portion thereof lying within the lines of Lincoln
Avenue.
PARCEL THREE:
AN EASEMENT for sanitary sewer purposes described as follows:
-Continued-
Legal Description (continued)
A STRIP of land of the uniform width of 20 feet, the centerline of which is described
as follows:
BEGINNING at a point on the Easterly line of Lindaro Street at the intersection of
two courses bearing South 70 15' West and South 80 15' West, as said courses are
shown upon that map entitled, 'Map of a Portion of Lindaro Street, City of San
Rafael, Marin County, California", filed for record March 2, 1937 in Book 2 of
Surveys, at Page 83, Marin County Reccrds; thence North 80 53' East 32.92 feet to the
true point of beginning; thence Southeasterly perpendicular to the aforementioned
Easterly line, 315.00 feet; thence along a tangent curve to the left, through a
central angle of 510 00' 000 having a radius of 215.00 feet, an arc distance of
191.37 feet; thence North 470 53' East 70 feet, more or less, to the termination of
the easement and also the Westerly line of Lincoln Avenue, described as an arc 194.78
feet long in a Deed from the City of San Rafael to the Pacific Gas and Electric
Company, recorded October 18, 1961 in Book 1507 of Official Records at Page 381,
Marin County Records.
The Law Offices of
GOLDFARB & LIPMAN
One Montgomery Street u1 . `` D-•
Twenty -Third Floor {{�� p r�
San Francisco 11 E C 18 1597
California 94104
E�PiU'."'. "moi •r .:,,.• r
415788-6336 December 16, 1997
415 788-0999 FAX
That specific authorization authorizing property
transfers to a redevelopment agency overrides the more
general provisions of state law regarding a city's
disposition of surplus property. See Government Code
Section 54222. In addition, when a property is to be
transferred to a redevelopment agency, it is not "surplus"
as that term is defined for purposes of the general state
surplus property law. See Government Code Section 54221(b)
A charter city could regulate sales of city property in
a manner that differs from general state law. However,
based on our conversations with the City Attorney's office
and the City Clerk, it is our understanding that San
445 S. Figueroa Street Rafael' s charter does not place limitations or restrictions
Suite 2631 on sale of city property prohibiting sale to the Agency or
Los Angeles
California 90071
213 627-6336
141\10\107689.03
Attachment D
Jake Ours
MDavid Kroot
San Rafael Redevelopment Agency
1313 Fifth Avenue
Lee C. Rosenthal
San Rafael, CA 94901
John T. Nagle
Re: Fair Isaac Protect
Polly V. Marshall
Lynn Hutchins
Dear Jake:
Richard A. Judd
I write at your request concerning the potential
Karen M. Tiedemann
transfer of the City corporation yard property from the City
to the Redevelopment Agency. The expectation is that City
Thomas H. Webber
will convey that property to the Agency and that the Agency
John T. Haygood
will enter into a disposition and development agreement
Providing for the Agency's sale of that property and
Dianne Jackson McLean
subsequent development of the property along with the
Michelle D. Brewer
adjacent PG&E property as part of the Fair Isaac project.
The proceeds of sale will be used to acquire and construct a
Andrew Z.Shagrin
new corporation yard facility.
David M. Robinson
Under the Community Redevelopment Law (Health & Safety
Code Sections 33000 et sea.), a city or other public body is
Of Counsel
authorized to "dedicate, sell, convey or lease any of its
Property" to a redevelopment agency. See Health & Safety
Steven H. Goldfarb
Code Section 33220. That transfer to the redevelopment
Barry R. Lipman
agency may be "with or without consideration." Id.
That specific authorization authorizing property
transfers to a redevelopment agency overrides the more
general provisions of state law regarding a city's
disposition of surplus property. See Government Code
Section 54222. In addition, when a property is to be
transferred to a redevelopment agency, it is not "surplus"
as that term is defined for purposes of the general state
surplus property law. See Government Code Section 54221(b)
A charter city could regulate sales of city property in
a manner that differs from general state law. However,
based on our conversations with the City Attorney's office
and the City Clerk, it is our understanding that San
445 S. Figueroa Street Rafael' s charter does not place limitations or restrictions
Suite 2631 on sale of city property prohibiting sale to the Agency or
Los Angeles
California 90071
213 627-6336
141\10\107689.03
Attachment D
Jake Ours
December 16, 1997
Page 2
mandating any kind of priority or bidding system. As a
result, the City's charter is not a bar to the City's sale
of the corporation yard site to the Agency.
The City has adopted a policy for the sale of surplus
land in Resolution No. 5734. For the same reasons described
above with regard to Government Code Section 54222, the
City's transfer to the Agency would not be subject to the
Resolution 5734. First, when property is to be transferred
to a redevelopment agency for the purposes of implementing
the redevelopment plan, it is not "surplus" within the
meaning of Resolution 5734. Second, Health & Safety Code
Section 33220 overrides the more general provisions of
Resolution 5734 in the same way it overrides Government Code
Section 54222. Lastly, because the City's policy is adopted
by resolution, even if a property is considered "surplus",
the City Council may make exceptions to the policy in the
resolution approving a specific transaction for that
property. Thus, in this case the resolution approving the
sale to the Agency would explain that the property is being
sold for fair market value but would except the transaction
from Resolution 5734's bidding requirements because of the
unique redevelopment circumstances of the transaction.
If you have any further questions concerning this
matter, please give me a call.
Sincerely,
4J,a!V
LEE C. ROSENTHAL
LCR/crs
cc: Gary Ragghianti
141\10\107689.03