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Home My WebLink AboutCC Resolution 9684 (Smith Ranch Homes Development Agr)RESOLUTION NO. 9684 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING ISSUANCE OF A CERTIFICATE OF COMPLIANCE PURSUANT TO GOVERNMENT CODE SECTION 65865.1 (SMITH RANCH HOMES DEVELOPMENT AGREEMENT) AND CONSENTING TO ASSIGNMENT OF INTERESTS OF PARTNERSHIP OWNER UNDER DEVELOPMENT AGREEMENT. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY RESOLVE AS FOLLOWS: The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, a Certificate of Compliance to, and Consent to Assignment of Development Agreement by Tishman Speyer Mediq Marin Limited Partnership, copies of which are attached hereto and by this reference made a part hereof. 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 said City held on the 19th day of August, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANN LEONCINI; City Clerk A RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Rafael 1400 - 5th Avenue P.O. Box 60 San Rafael, California 94915-0060 WHEN RECORDED MAIL CERTIFIED COPIES TO: GREENE RADOVSKY MALONEY & SHARE LLP One Market Plaza Spear Street Tower, Suite 4200 San Francisco, California 94105 Attention: Thomas M. Feldstein CERTIFICATE OF COMPLIANCE Issued by the City Council of the City of San Rafael (the "City"), a municipal corporation of the State of California, as of August 19, 1996. RECITALS: Tishman Speyer Mediq Marin Limited Partnership, a California Limited Partnership (the "Partnership"), is the owner of certain real property (the "Property"), located within the City of San Rafael, County of Marin, State of California, and further described in Exhibit "A," attached hereto and incorporated herein by this reference. The Property is subject to the terms of a certain Development Agreement (the "Development Agreement") originally entered into by and among the City, Medical Retirement Communities, Inc., a California corporation, Sagra, Inc., a California corporation, an affiliate of Medical Retirement Communities, Inc., and Marin Housing Development Corporation, a California public benefit corporation, dated as of June 3, 1985, and recorded September 10, 1985, as Instrument No. 85039085, Official Records of Marin County, California, and amended on September 18, 1989, October 16, 1989, January 4, 1993 and December 6, 1993. 41273/0802 07/26/96 TMF2Z6.P50 California Government Code Section 65865.1 requires annual review by the City of compliance with the Development Agreement in accordance with the procedures established by the City. The City has received substantial factual evidence of good faith compliance by the Partnership with the terms of the Development Agreement, in accordance with the procedures established by the City. NOW, THEREFORE, the City Council of the City of San Rafael does hereby find and determine as follows: Section 1. Findinq. The actions, programs of public works construction, economic investments, policies and real property development activities undertaken by the Partnership and described by the Partnership to the City in a public hearing dated August 19, 1996, are hereby found to comply with the terms of the Development Agreement. Section 2. Determination. For the interval commencing with August 21, 1995, and ending August 19, 1996, the Partnership has complied with the terms of the Development Agreement. IN WITNESS WHEREOF, the City Council of the City of San Rafael has caused this Certificate of Compliance to be duly executed and acknowledged. CITY OF SAN RAFAEL, a municipal corporation By: Al bVJX1.oro' Mayor ATTEST: Je ne M. Leoncini City Clerk :APAPVED;AS TO ORM: L nti City Attorney TMF2Z6.P50 2 State of California County of Marin On August 20 , 1996, before me, Nancy Eurman a Notary Public for the State of California, personally appeared Mayor Albert J. Boro , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (nature) TMF2Z6.P50 3 r NANCY EURMAN D 0 COMM. 111066576 T a �® NOTARY PUI3,IC-CALIFORNIA 0 Q MARIN COUNTY J a v v '.� My Comm. Exphas Feb. 4, 2000 E.YHIBIT "A" 'Ilse land referred t° in this policy is situated in the State of -California, County of Marin, City of san Rafael and is described as follows: G]T 12, as shown in solid lines on that certain parcel map entitled, "Parcel Map of Got Gine Adjustment - Gots 5, 12 and Parcel C, Smith Ranch - Northerly Portion - 17 R.H. 39 - 21 P.M. 88, San Rafael, Marin County California," filed for record July 30, 1986 in Volume 23 of Parcel Maps, at Page 46, Marin dQunty Records, the exterior boundary'of which is described as follows: Beginning at the intersection of the courses "North 58° 55' 36" est. 2:7.32 feet; and "South 85° 22' 52" West, 572.07 feee as shown'anddelineated on the exteriors boundary of chat certain chap entitled, "Parcel Nap of Got Gine Adjustment, Cats 5, 12 S Parcel C. Smith Stanch - Northerly Portion - 17 R.M. 39 - 21 P.M. 8811, recorded July 30, 1986, in Book 23 of Parcel Maps at Page 46, Marin County Records, and being the most northeriy corner of Got 12, as shown on said Parcel Map (23 PM 46); thence along the exterior boundaroy of said Got 12 (23 PM 46) the following courses and distances: South 58 55' 36" Fasts 277.82 feet; thence South 48° 04' 36' Basta 719.93 feet; thence South 51 28' 36" East, 313.14 feet; thence South 38 31' 24" West, 71.33 feet; thence South 48° 25' 56" East, 27.39 feet; thence South 38° 31' 24" West, 71_48 feet; thence North 79a 17' 08" West, 226.66 feet; thence North 58a 10' 58" West, 334.77 feet; thence North 27° 36' 48" west, 302.57 feet; thence North 30° 41' 43" West, 203.81 feet; thence North•68a 51' 28" West, 174.24 feet; thence South 65° 13' 05" west, 78_45 feet; thence South 20d 13' 05" :est 99.00 feet; thence south 65° 13' 05" West 140.00 feet; thence North 25a 09' 31" West, 56.57 feet; thence South 64a 50' 29" West, 56.57 feet; thence South 19° 50' 29" West, 228.25 feet; thence South 35° 16' 35" West 232.70 feet; thence South 39° 20' 09" East, 317.07 feet; thence South 78° 10' 12" East 65.00 feet; thence South ll° 49' 48" West, 206-81 feet; thence Westerly along a curve to the left whose center bears South 18° 34' 41" test, having a radius of 119.07 feet, through a central angle of 62° 02' 55", an arc lenath of 128.95 feet; thence South 46° 31' 46" West, :6.89 feet; thence South SSP 52' 29" Wesc, 70.56 feet; thence Westerly alonga tmn�r---t cure to the right, having a radius of 21_68 feet, through a central angle of, - 54 23' S6" an arc length of 20.58 feet; thence North 65 43'-35" West, 50.86 feet; thence westerly along a tangent curve to the left, having a radius of 87.02 feet, through a central angle of 53° 39' 31", an arc length of 81.49 feet; thence South 60° 36' 54" West, 59.77 feet, thence wasterly along'a tangent curve to the right, having a radius of 52.70 feet, through a central angle of 78° 00' 21", an arc length of 71.742 feet; thence North 41° 22' 45" West, 107.53 feet; thence westerly along a tangent curve to the left, having a radius of 274 feet, through a central angle of 570 as, 15", an arc length Of 273.00 feet; thence westeriy along a reverse curve to the right whose center bears North 8° 28' 00" Wast, having a radius of 51.53 feet, through a central angle of 550 52' 35", an arc length of 50.25 feet; thence Borth 42° 35' 25" West, 255.54 feet, thence westerly along a tangent curve to the left, having a radius of 149.44 feet, through a central angle of 58° 02' 01", an arc length of 151.37 feet; thence tjorth 10° 37' 26" West, 132.20 feet; thence North 38a 53' 12" West, 60.00 feet; thence North 1.20 43' 25" West 120.23 feet; thence North 17° 17' 28" blest, 317.62 feet; thence North 73& 58' 52" East 1088.08 feet and thence Horth 850 22' 52" East, 572.07 feet to the point of beginning. All of the foregoing being the same real property designated as Got 12 as sho6n on that certain certifir-d survey (Job No. 124-87) , dated February 25, 1988, prepared 5y Oberfca�mpar and A.ssaciates, Civil E]�gineers, Inc., San Rafael, California. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Rafael 1400 Fifth Avenue P.O. Box 60 San Rafael, CA 94915-0060 WHEN RECORDED MAIL CERTIFIED COPIES TO: TRI Development Company 100 Pine Street San Francisco, CA 94111 Attn: William J. Rosetti CONSENT TO ASSIGNMENT OF DEVELOPMENT AGREEMENT Issued by the City Council of the City of San Rafael, a municipal corporation of the State of California (the "City"), as of August 19, 1996. RECITALS: Tishman Speyer Mediq Marin Limited Partnership, a California limited partnership (the "Partnership"), is the owner of certain real property (the "Property"), located within the City of San Rafael, County of Marin, State of California, and further described in Exhibit "A" attached hereto and incorporated herein by this reference. The Property is subject to the terms of a certain development agreement (the "Development Agreement"), originally entered into by and between the City, Medical' Retirement Communities, Inc., a California corporation, Sagra, Inc., a California corporation, an affiliate of Medical Retirement Communities, Inc., and Marin Housing Development Corporation, a California public benefit corporation, dated as of June 3, 1985, and recorded September 10, 1985, as Instrument No. 85039085, Official Records of Marin County, California, and amended on September 18, 1989, October 16, 1989, January 4, 1993, and December 6, 1993. Pursuant to the terms and provisions of that certain Agreement of Purchase and Sale and Escrow Instructions, dated as of July 23, 1996 (the "Purchase Agreement"), the Partnership agreed to sell and convey to TRI Development Company ('TRI"), and TRI agreed to purchase and acquire from the Partnership, all of the Partnership's right, title and interest in and to the Property and the Development Agreement. 41273/0802 07/26/96 TMF3IZ.P50 Pursuant to Section 17 of the Development Agreement, the Partnership's assignment to TRI of its interest therein requires the consent of the City. The Partnership and TRI have requested that the City so consent. NOW, THEREFORE, the City Council of the City of San Rafael does hereby find and determine as follows: Effective as of the date.title to the Property transfers from the Partnership to TRI (the "Effective Date"), the City hereby consents to the assignment of the Development Agreement by the Partnership to TRI, and acknowledges TRI as the developer of the Property and the holder of all of the rights of the Partnership under the Development Agreement, from and after the Effective Date. If title to the Property is not transferred to TRI by the Partnership, the foregoing consent shall be null and void. IN WITNESS WHEREOF, the City Council of the City of San Rafael has caused this Consent to Assignment of Development Agreement to be duly executed and acknowledged. CITY OF SAN RAFAEL, a municipal corporation By: Keie f J.'0Qro Mayor ATTEST: J nne M. Leoncini City Clerk APPROVED AS TO FORM: 4U.4t Z �- G#ry T. Aagghianti City Attorney TMF3IZ.P50 2 State of Cal i fio rn i a ) County of Marin ) On August 20 , 1996, before me, Nancy Eurman a Notary Public for the State of California, personally appeared Mayor Albert J. Boro , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal TMF3IZ.P50 3 r NANCY EURMAN D 0 _ COMM. X11086576 T NOTARY PUBLIC -CALIFORNIA (P�gnature) MARIN COUNTY O MyComm. Expires Fab .4v2000 i 1 v v v TMF3IZ.P50 3